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What Do You Need to Prove in a Strict Product Liability Claim? The product was unreasonably unsafe at the time it was sold. The seller expected that consumers would use the product without any further modifications. The product was used as intended.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

Product liability Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages. This article will describe these elements in more detail.

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

To succeed in a product liability claim, you must either show that the product was unreasonably dangerous, there was a mishap in the manufacturing process, or the manufacturer didn't provide sufficient warning. First, a product is unreasonably dangerous if it was defective at its inception or because of its design.