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With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

These legal elements include a professional duty owed to a patient, breach of duty, proximate cause or causal con- nection elicited by a breach of duty, and resulting in- juries or damages suffered. 1 These 4 elements apply to all cases of negligence regardless of specialty or clin- ician level.

Evidence in product liability cases of any warnings on the product or any literature that accompanied the product is critical for proving that the entities that made and sold the product failed to adequately warn of any risks associated with typical use of the product as well.

You must prove that the product's defect directly led to your injury or losses. This is not the same as simply showing you were injured while using the product.

In order to prevail in negligence, a plaintiff must prove each of the following elements to succeed: The defendant owed the plaintiff a duty. The defendant breached that duty. The defendant's breach of duty caused an injury to the plaintiff.

Most product defect claims fall into one of three categories: manufacturing defects, design defects, or communication defects.

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.

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

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.