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How do you prove fault in a products liability claim?

It is obvious that we are a society that relies heavily on consumer goods. Everyday, residents in Virginia and elsewhere use and require consumer goods to get through his or her day. Whether it's a household item, a motor vehicle or a tool, these items tend to make life much easier. While these products are highly beneficial, they unfortunately pose some risks to consumers. If there is a defect during the manufacturing, retail or marketing process, this could cause much harm to the consumer.

How do you prove fault in a products liability claim? When a defective or dangerous product injures a consumer, he or she might be able to recover compensation through a products liability claim. However, an injured consumer must prove fault, cause and liability in order to succeed in such an action. There are three theories to hold a manufacturer or seller liable for a defective product. These include strict liability, negligence and breach of warranty; however, strict liability is the only theory we will discuss further here.

A consumer could hold a negligent party liable through strict liability. If a product injures a consumer, he or she is entitled to compensation from the manufacturer or business that sold or rented the product. However, the consumer must prove that the product was unreasonably dangerous, the defective product caused injuries while it was being used as it was intended and the product has not been substantially changed from the condition in which it was originally sold.

When a product believed to be safe injures a consumer, this can come as a shock. Moreover, such a situation could result in serious injuries and damages. Taking steps to hold a negligent party accountable could help an injured consumer offset the financial hardships caused by the incident.

Source: Injury.findlaw.com, "Proving Fault in a Product Liability Case," accessed August 28, 2016

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