How to Prove a Defective Product Caused an Injury

Defective products are a serious problem. According to the National Safety Counsel, a total of 12.7 million people were treated in emergency rooms for injuries caused by consumer products in 2023. While that is fewer people than the pre-pandemic high, consumer product injuries have been trending upward since 2020, reversing several years of declines. Proving that your injury was the result of a defective product can be difficult to do, but our Tifton product liability attorneys can help you. 

Establish the Legal Basis for Liability 

Product liability claims can be divided into three main categories:

1. Manufacturing defects: The product deviated from its intended design during the manufacturing process
2. Design defects: The product’s design is inherently dangerous, making all products in the line defective 
3. Marketing defects: The product lacks adequate warnings or instructions regarding its safe operation or associated risks

 Getting the legal basis for liability correct is essential because there are different legal standards and defenses at play with each type of claim. 

Link the Defect to the Injury  

One of the most difficult elements of product liability claims for plaintiffs is proving that the product’s defect was the factual and legal cause of the injury. This requires the plaintiff to show both actual cause (i.e., the injury would not have occurred but for the defect) and proximate cause (i.e., the injury was a foreseeable result or consequence of the defect). Establishing causation often requires the plaintiff to overcome a defendant’s arguments that the injury was due to something other than the product at issue, such as a preexisting condition or subsequent injury. Latent injuries (such as those caused by exposure to harmful substances) can be particularly difficult to link to the product at issue, as they take years to develop. 

Show That You Used the Product as Intended 

Defendants in product liability claims often attempt to evade liability by arguing that the plaintiff misused the product at issue and that the misuse caused the injury. As such, it is essential to demonstrate that you used the product as it was intended to be used. And even if you were misusing the product when the injury occurred, that does not necessarily mean your claim is doomed — you can also argue that your misuse was foreseeable, which in some cases can be enough to establish liability. 

Use the Most Appropriate Evidence  

Product liability cases often rely more heavily on expert testimony and product testing than other personal injury claims. While medical records and witness statements are no doubt helpful in all personal injury cases, expert testimony (such as from engineers or industry consultants) can help to establish that the product at issue violated industry norms, while product testing can provide objective evidence of exactly how the product caused the injury. 

Hold Manufacturers Accountable With Help From Our Tifton Product Liability Attorneys 

If you’ve suffered an injury due to a defective product, the best thing you can do to maximize your chances of recovery is to speak to an experienced attorney. For more information, please contact the Tifton product liability attorneys at the Hudson Injury Firm by calling 229-396-5848 or using our online form.