Suffering an injury from a product is something that should never happen. The law protects you should you find yourself with an injury due to something you bought by allowing you to make a product liability claim against the manufacturer. When going to court, though, you need to ensure that you have a strong case.
The elements of a strong case include the evidence you have that shows the manufacturer created and sold a defective product. According to the Florida Bar, there are a few ways in which you can present your case for a defective product.
Risks and benefits
There is an exception in product liability law for some products that come with unavoidable risks. However, the manufacturer should make sure that the benefits outweigh the risks through proper tests and trials before the product goes on the market. If you suffer an injury from a product where the risks did not justify the benefit, you can use this as evidence in court.
Expectations
The marketing methods of the manufacturer can serve as proof of your expectations for the product. You can show how the marketing led you to believe this was a safe product. The assumption of safety places liability on the manufacturer.
Expert witnesses
You can also include expert witnesses that can attest to the defects in the product or the injuries you suffered. An expert can add some weight to your case and provide evidence that is difficult for the manufacturer to dispute. However, you do not have to have expert witnesses. If you cannot find one, you can still move forward with your case. An expert witness will just help strengthen your case.
