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Proving a Defective Product Liability Claim

On Behalf of | Jun 7, 2021 | Product Liability

Proving a Defective Product Liability Claim

Consumers have a basic right to safety. This right protects consumers from injuries caused by products, specifically when a consumer is using a product as it’s meant to be used. Manufacturers and companies that make products have a responsibility to ensure consumer safety, however sometimes they fail to uphold this duty. When companies cut corners to save money while manufacturing or knowingly selling products with defects, they are putting consumers at risk.

Using a product that was manufactured or sold in this way can cause harm and serious injury. Examples of product liability cases include Johnson & Johnson’s talcum powder , JUULⓇ devices, and Monsanto‘s herbicide product Roundup.

If you or someone you love suffered damages due to a dangerous or defective product, you may have a viable product liability claim. Below, the lawyers at the Law Offices of Peter Angelos discuss how to prove your defective product liability claim.

The Three Types of Defective Product Claims

Defective product liability claims typically fall into three categories: defective manufacturing, a defective design, or failure to warn.

A defect in manufacturing is one that the manufacturer did not intend. The product varies from its intended design even though all possible care was exercised in the preparation and marketing of the product.

Defective design occurs when there is a foreseeable risk posed by the product when the product was manufactured as intended and used for its intended purposes.

Failure to warn indicates that a product failed to provide an adequate warning of the dangers associated with its use. The warning labels found on the product itself as well as the owner’s manual included with the product should be clear and concise.

Proving a Defective Product Case

When making a defective product claim, four elements of a claim must be proven:

  • You were using the product as intended.
  • The product was defective.
  • You were injured or otherwise suffered harm.
  • The product’s defect caused your harm.

You and your legal team should prove that the loss or injury that was sustained directly resulted from a defective product being used as the manufacturer intended.

It is easy to prove obvious product defects, such as a lack of a safety guard on a circular saw or a hole in a car’s airbag. However, if the reasonable use of the product comes with dangers, you may not have grounds for a claim.

For instance, if you burn your hand on an iron, this does not necessarily mean that it was defective. However, if the iron lacked instructions or safety warnings, a product liability claim may be justified.

An experienced personal injury attorney can help you determine if you have grounds for a personal injury claim.


In addition to proving all four elements, it is also important to provide critical evidence to back them up. In a personal injury liability claim the following can be helpful in proving your claim:

  • The defective product itself,
  • Evidence that the manufacture had knowledge of the defect(s), such as emails or internal memos,
  • Medical bills and payroll records to account for financial losses,
  • Photos and videos of injuries, the defect, and/or the accident,
  • Accident reports,
  • Bystander and expert witnesses,
  • Insurance documents, such as the policy,
  • Labels and product packaging,
  • And marketing materials.

Relying on the expertise of a personal injury attorney can help to ensure that the most compelling evidence is gathered.

Contact an experienced attorney at Peter Angelos Law Today

It can be devastating when a consumer is harmed by a product they trusted to work as intended. Physical injuries, monetary loss, and pain and suffering can all be a result of a defective product. If you or someone you love has been injured as a result of a poorly made or dangerous product, a team of specialized and experienced lawyers at Peter Angelos Law can help.