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The core element of strict product liability is the presence of a defective product. This can stem from design defects, manufacturing flaws, or inadequate warnings and instructions. The product must deviate from the intended design or pose an unreasonable risk to consumers.

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.

We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area. The elements of a negligence claim include duty, breach, causation, and damages.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

This article discusses a number of common defenses in product liability suits. The Kind of Product Liability Claim Can Determine Whether a Defense Works. The Product Design or Defect Did Not Cause Plaintiff's Injury. The Plaintiff Was Negligent Too. The Plaintiff "Assumed the Risk" ... The Statute of Limitations Had Expired.

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.

The theory of negligence is satisfied through five elements: the manufacturer owed a duty to the plaintiff, manufacturer breached that duty, the breach was the actual cause of injury, the breach was the proximate cause of injury, and actual damages were suffered by the plaintiff as a result of the negligent act.

To prevail in strict liability, the plaintiff must show that the product was defective when it left the defendant's control. If the defendant can show the product it made is not, so to speak, the product that injured the plaintiff, then the defendant is not liable.

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.