If the injured party has used the product in a way that was not intended, causation will most likely fail. An example of this could be someone who removes apart from an electrical product and becomes injured afterward or someone who drinks a product that is not meant for internal use. In the first instance, the plaintiff altered the product after the manufacturer sold it, and in the second instance, the plaintiff ignored the product's warning notice about internal use. The manufacturer in these cases would probably not be found responsible for the injuries.
In order to prove causation, the plaintiff would probably need to hire a lawyer, who could investigate the facts and perhaps even hire experts to offer their opinions. This would give the plaintiff's lawyer leverage when negotiating a settlement with the insurance companies for the responsible parties.
Lawyers always try to avoid bringing a case to trial because it is more costly for everyone involved. Sometimes, cases will go as far as a jury selection process, however, and the lawyers will settle at the courthouse. This is a type of posturing in an attempt to push the defendants to offer more money or push the plaintiffs to accept the offer that has already been placed on the table.
This means that the product was not made according to the design. Either a mistake was made, or the manufacturer purposely altered the design for some reason. Sometimes, a mistake is made in a single item. If a conscious decision was made to change the original design, however, a large group of the products will contain the defect. Call our Products Liability Lawyer today if you have experienced this case.
A Products Liability Law case is a lawsuit filed by a person who has been injured as a result of using some type of product. For example, a child might suffer an injury from a defective toy causing the parent to file a lawsuit. Someone might become burned by a toxic chemical in a cleaning product, a food product might cause illness when bacteria are found within it, or a car accident resulting in injuries might be caused by a defective part in a car.
This kind of defect involves the instructions that were given with the product. If the manufacturer fails to provide proper instructions or warning labels, it might be held liable for someone's injuries. It can be more difficult to prove causation in this situation because the defendants will no doubt argue that the plaintiff misinterpreted the instructions or used the product improperly.
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