Burden of Proof in Product Liability Claims
Design flaws, manufacturing problems, and other factors can all contribute to products hitting the shelves that are simply unsafe for normal use. While there are many products that are inherently dangerous, defects can create or exacerbate hazards of all kinds. Unfortunately, if you have been injured by a product, it can be difficult to prove to the court that the manufacturer is reliable. But with the help of a lawyer, you can make your case heard.
Before you can recover compensation for your medical bills and suffering, you have to show how the product led to your injuries. At one point the doctrine of negligence was the rule, where you need to demonstrate how the manufacturer’s negligence caused your injuries. Today nearly every state, with the exception of North Carolina, has adopted the doctrine of strict liability for product lawsuits. This doctrine can make it easier to hold companies responsible, but you must still face their lawyers.
For courts that use strict liability, you don’t need to show that the manufacturer was negligent—only that their product led to your injuries. Stated differently, the strict liability doctrine is more concerned with the product itself and less concerned with the manufacturer’s actions. If you file a product liability lawsuit, the manufacturer’s lawyers will then try to show that the way you used the product led to your injuries, moving the responsibility onto your shoulders.
Successfully pursuing a product liability lawsuit can sometimes be a challenge, but a talented Champaign product liability lawyer can help. Companies have a stake in making sure their products, even dangerous ones, continue to sell, but you may be able to put an end to their reckless behavior.
With the help of the experienced Champaign product liability lawyers of Spiros Law, you can seek compensation for your injuries and keep dangerous products off the shelves. To learn more, discuss your case with a lawyer today by calling 217-328-2828.