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Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk.

Steps to File a Product Liability Claim Initially, the injured party must establish that they have been harmed by a defective product. From there, it's crucial to gather evidence, which should include the product itself, medical records, and any other documentation of damages incurred.

The primary theories for recovery include the following: negligence, tortuous misrepresentation, breach of warranty, and strict liability in tort. Tort Theory of Negligence: The tort of negligence remains a central part of the law of products liability.

Proving Fault and the Rules of Strict Liability The consumer product had an unreasonably dangerous defect that injured you as an end user. The defect injured the plaintiff while using the product in a way the manufacturer intended the plaintiff to use it.

5 Common Product Liability Defenses Contributory negligence. Defense attorneys often rely on the defense of contributory negligence in a variety of case types, including product liability cases. Assumption of risk. Unrelated injury. Altered product. Product liability waiver.

Punitive damages may be awarded where the plaintiff can prove by clear and convincing evidence that the defendant is guilty of “oppression, fraud, or malice” (Cal. Civ. Codeаза3294(a)).

Liability Programs are divided into three areas: General Liability, Auto Liability and Employment Practice Liability.

In 47 states, the plaintiff has the burden of proof to prove the existence of a design defect. In Alaska, California, and Hawaii however, the defendant must justify the product's design to show why there was no defect.

In assessing whether a product was defective, courts have adopted two standards: the consumer expectation standard and the risk-utility standard. Under the consumer expectation standard, a product is defective if its danger is unknowable and unacceptable to an ordinary consumer.