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The res ipsa loquitur doctrine allows for a determination of negligence when direct proof of negligence is lacking, so long as the instrumentality that caused the plaintiff's harm remained in the exclusive control of the defendant and the harm would not normally occur in the absence of negligence.

For a product liability claim to be valid, the plaintiff must have suffered actual injuries or incurred damages as a result of the defective product. These damages can include medical expenses, lost wages, pain and suffering, and property damage.

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.

Your business may be held legally responsible for any injuries to people or damage to property caused by a faulty product. You can be held liable for faulty products even if you did not manufacture them. You may be liable for compensation if: your business's name is on the product.

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.

To succeed in a design defect case, a plaintiff must prove two key elements which are: The product was defective even if there was no reasonable alternative design. An alternative design was safer and available and the manufacturer did not use the alternative, thereby implicating option D.

(T/F) For cause in fact to become a relevant issue in a product liability suit, a plaintiff must first establish proximate cause. (T/F) Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

The traditional test of causation is the “but for” test: a claimant must prove that, but for the defendant's negligence, or (as the case may be) supply of a defective product, the claimant would not have sustained the injury.