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In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages. Duty: You must first prove that the person against whom your claim is made owed a duty to you.

A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence , but it is generally associated with strict liability , meaning that defendants can be held liable regardless of their intent or knowledge.

The common types of product liability cases include defective manufacturing, design defects, inadequate warnings or instructions, breach of warranty, and strict liability.

The 4 Main Types of Product Liability Claims Manufacturing Defects. When a product deviates from its intended design, it often becomes dangerous for consumers. Design Defects. Failure To Warn or Inadequate Warnings. Breach of Warranty.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

Manufacturing Defect Manufacturing defects are the most common cause of product liability claims. A product liability lawsuit for a manufacturing defect alleges that the design is inherently safe, but that something happened during the manufacturing process to make the product unsafe.

Product liability claims generally must meet four elements for strict liability to apply: The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The product must be defective. No changes. The plaintiff must be using the product in a foreseeable manner.

What are the common types of product liability claims? Defective Design: When a product's design makes it unreasonably dangerous. Manufacturing Defect: When errors occur during the manufacturing process. Failure to Warn: When a product lacks adequate warnings or instructions.