What Needs To Be Established to Prove a Product Liability Claim in Cleveland
In order to prevail in your claim for a product liability case, you and your attorney need to build a strong case that is built on persuasive evidence that establishes a manufacturer’s negligence. This is what needs to be established:
Proof of Injury or Loss
You need to prove that you suffered an actual injury or a measurable property loss that is directly attributable to a defective product. These losses can include physical injuries, damage to your home, or the loss of the product altogether. If there is no clear evidence of a loss, your product liability claim can’t get started.
Legal Responsibility
Next, you need to prove that the manufacturer, seller, or any party involved in the product’s supply chain is legally responsible for your injuries. This goes back to the type of defect mentioned above. Was there a manufacturing defect, improper warnings or instructions, or a design defect? When you establish why the product caused you harm, you can establish who should be held responsible for the injury.
Causation
Causation is the direct link between the defective product and your harm. It means we have to prove that the injuries would not have occurred but for the defective product.
Damages
Finally, you have to present the total amount of damages that you want to be compensated for. You’ll have to provide documentation that includes the following:
- Medical bills
- Proof of lost income
- Property repair estimates or replacement costs
When all four of those elements can be backed up by the right evidence, you’ll have a strong claim to present to an insurance company. This is also the same evidence that the product liability attorneys at Thomas Law Offices will use if you need to pursue your claim as a civil action in court. We prepare each claim as if we were presenting it to a jury.