Passionate, Proven Rhode Island Representation

How can you prove that a product is defective?

On Behalf of | Jul 27, 2021 | Defective Products

If you suffered an injury because a product that you used was defective, you may need to pursue a legal remedy. In addition to getting compensation for your injury, it is important that the product does not hurt anyone else in the future.

Naturally, manufacturers may claim that there was not a problem with the product but rather how you used it. Here are a few ways that personal injury plaintiffs can establish that their injury was the result of a product being defective.

Failure to warn

One common issue in product liability cases is that the manufacturer failed to warn consumers of potential danger. If a particular type of injury when using a product is reasonably foreseeable, companies have a duty to warn people about it. Failure to do so may be indicative of negligence.

Production errors

A problem with a single item in a product line may be attributable to a lack of quality control. You can compare the product that caused your injury against other items from the same product line.

Defective design

If a product’s defect is present in every model that a manufacturer makes, it is a design defect rather than an isolated error unique to one item. In this instance, a good way to demonstrate a defect may be to compare it to similar items from other manufacturers that do not have the defect.

Ultimately, product liability actions need a strong evidentiary foundation. In addition to your testimony, physical evidence may be integral to your claim.