Product Injury Basics Part 1 : Introduction To The Legal Theories In A Case Against A Product Manufacturer

Bottom-line: An injured person must show that the product was defective when it left the manufacturer’s control

Product injury cases (product liability in legal terms) are complicated. Part one of this series focuses on the legal theories used to bring a lawsuit against a product manufacturer.

There are generally two types of legal theories used in product injury case:

1. We can either focus on the acts of the maker of the product (negligence); or
2. Focus on the product itself (strict liability).

Negligence Theory

The focus of negligence theory in product injury cases is on the acts of the maker of the product. When we focus on the acts of the manufacturer it become like a traditional personal injury case.

Five Things You Must Prove In A Negligence Case

1. Duty.  If you or someone you love is injured you can bring a lawsuit against the person who injured you. During that lawsuit you (and your lawyer) must prove that the person who injured you had a responsibility to not hurt you. This is called “duty” in legal terms.
2. Breach of Duty.  After you prove duty, you must next show that the person who injured you violated that duty. This is called “breach of duty” in legal terms.
3. Causation. The third item you must prove is that you were injured because of the breach of duty. This is called called “causation” in legal terms.
4. Damages. The final item you must prove is that you suffered some loss as a result of that injury. This is called “damages” in legal terms.

Want To Win On A Negligence Theory In A Product Injury Lawsuit? 

1. The injured person must show that the product was not “not made right” (called a manufacturing defect); or
2. The injured person must show that a reasonable maker of the product knew or should have known about the dangers of their product.