Simply put, a product liability lawsuit is filed when a person is caused to sustain injuries due the malfunction of a product. The purpose of filing such a lawsuit is to recover the cost of damages and or/injuries inflicted upon the injured party.
These lawsuits are also filed in order to determine whether or not the product in question was indeed the cause of the person’s injuries due to a malfunctioning or defect. Products can be classified as being defective when they do not work properly and puts its user in unforeseeable danger.
When a product liability lawsuit is filed, the burden of proof rests with the injured party (plaintiff). He or she must prove the injuries sustained were in fact the sole cause of the alleged defect of the product.
However, proving that the product itself was defective or unsafe for ordinary use is a difficult task and can be time consuming as well as expensive. This is because some products are dangerous by design.
In order for the injured party to recover damages, he or she would need to establish that the product failed to give sufficient warnings of the product’s potential hazards when in use.
During the discovery process of the lawsuit, the manufacturer of the product will most likely be required to produce all relevant material in connection with the product (i.e. safety manuals, user’s guide, warranties, etc.) This documentation will be used during the discovery process up to, and including, trial.
The injured party will also be required to produce all medical reports and bills as well as lost wage earning, if applicable. In almost all product liability cases, the expert testimony of a forensic engineer is introduced at the time of trial.