Product liability claims involve a defect in a product that causes injury or death. There are three basic types of product liability claims: design defects, manufacturing defects and marketing defects. Under certain circumstances, however, one may also have claim for breach of warranty. An "unreasonably dangerous" product is one that is dangerous to an extent beyond that which would be contemplated by the ordinary user of the product.
In order to successfully prosecute a product liability claim one has to be able to establish the following elements:
Expert testimony is generally required in order to prove a design, manufacturing and/or marketing defect. As a result, product liability cases are very expensive to prosecute. In order to successfully prosecute a product liability claim it is critical that one maintain possession of the defective product because without the defective product itself, it is virtually impossible to establish the nature of the defect.
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