What Goes Into Proving a Product Liability Case?

If you or a loved one were injured due to a defective product, you could be entitled to compensation for losses and injuries. A product liability lawyer can help determine whether you are owed damages based on your case’s unique details and factors. You and your attorney must prove several elements for a successful product liability case.

You Suffered Losses Or Were Injured

Proving you suffered injuries or losses is critical in a product liability case. A near-disaster or hair-raising accident isn’t good enough. For example, it might seem like your microwave catching fire is an example of product liability. But if you put out the fire without injuries or losses, you don’t have a product liability case.

A product liability case is similar to other personal injury cases in that it can involve both economic and non-economic losses. Economic losses include medical expenses, property damage, and loss of wages. Non-economic damages include pain and suffering. A skilled property liability attorney can help you understand what damages, or sum of money, you could have coming your way.

The Product Was Defective

In addition to proving that you suffered injuries or losses, you must establish that the product was defective. Your product liability case lawyer will work to determine whether the item in question falls into one of the following categories:

  • A manufacturing error caused the hazardous flaw in the product
  • The design itself is flawed (this will require demonstrating that the product is unreasonably dangerous by design)
  • The dangerous quality of the product is not clear, also called “failure to warn of a hazard”

A design flaw is one of the more complex elements to prove in a product liability case. Whatever the unique factors in your case, a skilled personal injury attorney can help you understand your rights and fight for fair compensation. Product liability protects consumers from unreasonable risk and harm by negligent manufacturers.

Product liability. Product liability case

You Used the Product as Intended

Understandably, you’ll have to prove you used the product as intended. For example, if you use a product in a way that was never designed, the manufacturer will deny liability for any losses or damages.

Specifically, you will need to prove that you used the product in a way that the manufacturer would “reasonably expect” a customer to use it. But that doesn’t mean you have to be entirely literal. For example, you could use “hedge trimmers” to trim flowers instead, but if a piece snapped off and split your lip entirely in half, you’d probably still have a case.

The Defect Caused Your Losses or Injuries

Lastly, you must prove that the product’s defect directly led to your injury or losses. This is not the same as simply showing you were injured while using the product. Your attorney will help you take this a step further to show that the product’s defect led to your injuries.

Linking a product defect to an injury isn’t always as straightforward as it seems. That’s why a product liability lawyer is essential to a successful outcome in your Product Liability Case. As with any other personal injury case, your attorney will collect all the necessary evidence, documentation, and proof to support your claim convincingly.

Common Defective Product Injuries

At Thompson Law, we know that each defective product injury case is unique. In fact, a person can experience just about any injury imaginable by using a defective product.

Here are a few possible defective product injuries:

  • Burns
  • Broken bones
  • Organ damage
  • Head injuries
  • Choking
  • Injuries from dangerous drugs
  • Death

Car Seat Safety Laws. Product Liability case

A Product Liability Case Attorney Can Help

Product liability can be highly complex and challenging to prove. But a product liability attorney has years of experience learning the nuances of these cases and the strategies of manufacturers. With a skilled lawyer, you can build a successful case that clarifies the facts and elements of the incident.

Call Thompson Law today to speak to an attorney about your case. After an accident, you shouldn’t have to face the negligent party or their insurer alone. We’ll handle the complex legal aspects of your case so you can focus on getting the care and treatment you need.

Product Liability Lawyer FAQ

What is a product liability lawyer?

A product liability lawyer is an attorney who specializes in proving that defective products resulted in losses and injury. They can help you collect evidence and build a strong case that proves the manufacturer’s negligence and liability.

What is pain and suffering?

Pain and suffering is a term that includes both physical and mental pain and suffering after an accident. You can experience bodily injuries and emotional distress in any kind of accident. A personal injury claim can include damages for pain and suffering; your lawyer can help determine the value.

How can a personal injury attorney help?

A personal injury lawyer can help you understand your rights under Texas law. They can gather evidence, documentation, and testimonies that support your claim of physical and emotional pain and suffering. Ultimately, they will work to help you collect fair compensation for the injuries you experienced as a result of your accident.

What is the average settlement amount for product liability?

Unfortunately, there is no quick answer for an average amount. The amount will vary greatly and depends on the unique circumstances in your case. Your injuries, their extent, and your future outlook all play a part in calculating your possible compensation. A well-versed attorney can help you better understand your compensatory outlook.

Recent Post

Photo of car accident on road. How to Determine Who is at Fault in a Texas Car Accident

What to Do After A Car Accident in Texas

After a car accident, it is essential to remain composed and follow certain steps to safeguard your rights. These steps will not only ensure your safety but also help you

Read More


How Does the Personal Injury Claims Process Work?

Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide

Read More

Car Wreck Lawyer

When To Get A Car Wreck Lawyer

Following a car accident, you may be asking yourself, “When do I need a car wreck lawyer?” The answer: It is always worth contacting a car accident attorney. Start by

Read More

Personal Injury Claims

How Long Does a Personal Injury Lawsuit Take in Texas?

The first question that many new clients ask when they are beginning the process of hiring a personal injury claims lawyer is, “how long is my personal injury case going

Read More

Fire hydrant on sidewalk

How Close Can You Park to a Fire Hydrant? Complete State-by-State Guide in the U.S.

Most of us know that parking directly in front of a fire hydrant is unsafe. In the event of a fire, obstructing access to a fire hydrant could impede the

Read More

concept of "Time Passing" with the changing seasons displayed in a single frame.

How Long Do Personal Injury Claims Take?

When it comes to personal injury claims, one of the most common questions is, “How long will my personal injury claim take?” Understanding the personal injury case timeline is important

Read More

Lawyer meeting with couple AdobeStock 292580462

How to Find a Personal Injury Lawyer Who’s Right for You

Finding the best personal injury lawyer for your case is the most critical factor in the success of your case and the level of your settlement. A study published by

Read More

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.