How To Prove Negligence In A Product Liability Case?
Defective products often cause serious injuries or even death. When you are injured by a defective product, you have the right to file a product liability claim against various parties, including the manufacturer, distributor, and seller of that product.
However, in order to win your product liability claim, you will need to prove that the defendant was negligent in some way or another. Proving negligence can be a daunting task. Below, we will discuss the elements of negligence in product liability cases and what you can do to prove negligence in your case.
Get a personalized consultation with our Las Vegas product liability lawyer at Cameron Law to discuss the facts of your case. We can help you gather all available evidence to prove the defendant’s negligence in your product liability case.
Elements of Negligence in Product Liability Cases
Negligence is a legal term that describes someone’s failure to exercise reasonable care that results in harm (e.g., injury) to another person. In a product liability case, the plaintiff must prove that the defendant was negligent when designing, manufacturing, or selling the product. To establish negligence, the following elements must be established:
- Duty: The defendant had a duty to design, manufacture, or sell a safe product.
- Breach: The defendant breached that duty by designing, manufacturing, or selling an unsafe product.
- Causation: The unsafe product caused the plaintiff’s injuries.
- Damages: Finally, the plaintiff must have suffered damages as a result of the injuries.
To learn more about the applicability of these elements in your specific case, consult with a product liability lawyer.
Kinds of Evidence to Prove Negligence in a Product Liability Case
If you have been injured by a defective product, you will need to gather evidence to support your claim. The following pieces of evidence can help you prove negligence in a product liability case:
- Product defect. The defect in the product that caused your injury is the most critical piece of evidence in a product liability case. You will need to show that the defect was a result of a design flaw, manufacturing error, or some other defect.
- Industry standards. You may need to show that the defendant violated industry standards when designing, manufacturing, or selling the product.
- Previous incidents. You can also use evidence of previous incidents involving the same product to show that the defendant knew or should have known about the defect but failed to take action.
- Expert witness testimony. You may need to hire an expert witness to testify about the defect and how it caused your injury.
- Documents and records. You should also gather documents and records related to the product, such as design plans, manufacturing records, and quality control reports.
Under NRS § 11.190, injured victims have two years after discovering the injury to bring a product liability claim against the negligent party. While two years might seem like a long time, gathering evidence for your case can be a time-consuming and arduous process, which is why it is best to act quickly.
Why You Should Consider Hiring a Lawyer
Proving negligence in a product liability case can be complicated, and it is not something you should do on your own. Hiring an experienced product liability lawyer can help ensure that you have the best chance of obtaining the compensation you deserve. A lawyer can help you gather evidence, negotiate with the defendant’s insurer, and represent your best interests in court.
Our Lawyer Can Help You Prove Negligence
Proving negligence in a product liability case can be a challenge. By working with a skilled product liability lawyer, you can increase your chances of winning your case and getting the compensation you deserve. Contact Cameron Law to talk about your case and find out what you can do to prove the defendant’s negligence. Call 702-745-4545 to schedule a free case evaluation.
Source:
leg.state.nv.us/nrs/nrs-011.html#NRS011Sec190
