Acta Junta With English Translation
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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.
A plaintiff may have a strict liability case if they can prove that the defendant could have anticipated that their ultrahazardous activity would result in the plaintiff's harm.
Essentially, with product liability claims you must prove that your injuries were a result of a defect, carelessness from another party, or negligence. With strict liability cases, you must prove that you used your product as intended.
An action must be brought within three years from the time when the injury is or should have been discovered. The state has enacted a 10-year statute of repose that begins to run once the manufacturer or seller has last parted with the product.
Product liability laws allow consumers to hold companies responsible for any damages, injuries, or deaths that are caused by their products. This includes harm caused by defective designs, unreasonably dangerous manufacturing flaws, or inadequate warnings related to how the product should be used.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
What Do You Need to Prove in a Strict Product Liability Claim? The product was unreasonably unsafe at the time it was sold. The seller expected that consumers would use the product without any further modifications. The product was used as intended.