Proving a product liability injury

by | May 14, 2015 | Lawyers

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Product liability lawyers in Cedar Rapids IA focus on getting their clients proper compensation if they have suffered an injury due to a faulty product. This is an extremely complex area of civil law and often requires a different burden of proof based on the jurisdiction. In the US the plaintiff has to prove that fault lies with either one or more of the designer, manufacturer or the distributor and retailer. The plaintiff has to show that there was a flaw in the design, manufacture or there was a failure to warn the consumer what to expect. This is different in the European Union where there is no need to prove fault to be compensated for injury.

In prove that there actually was an injury that was a direct consequence of a defect right from the design stage it is up to the plaintiff and his or her product liability lawyers in Cedar Rapids IAarea to prove an inbuilt problem with the basic design concept. It must be proven that all the products that were produced to the design in question were defective because the design itself was defective. As well as proving the design defect the plaintiff must prove that the injury they suffered was a direct result of the defective design.

Defects in manufacturing are somewhat different because not all the products manufactured will be faulty. A manufacturing defect is one which took place during the manufacturing process and as a result only affects the product in question or a small percentage of the products produced. The plaintiff must show to the court that somewhere in the manufacturing process an error was made which caused the defect which in turn caused the injuries to the plaintiff.

Failure to warn the consumer of an inherent danger is another area again and is different from design or manufacturing faults. There are products produced for the market which by their very nature pose certain dangers. It would be impossible for example for a cleaning product to perform its stated function without certain chemicals which are dangerous if ingested or inhaled. For products of this ilk the manufacturer is responsible for placing adequate warnings on the product or the product packaging that bring the dangers to the attention of the public. If the product liability lawyers in Cedar Rapids IA can prove that the warning was inadequate and his or her client suffered injury as a result, the manufacture will be held liable.

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