What a Lawyer Must Prove to Win a Product Liability Case

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

  • Injury and/or loss was caused by the product
  • Product was defective
  • Manufacturer’s error led to flaw in product
  • Manufacturer failed to warn consumers about potential dangers
  • Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer’s Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word “caution” and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds’ pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer’s specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

Defining Personal Productivity

For me, personal productivity means the ability to deliver results when needed, may it be something to your boss or for yourself. Furthermore, the results should be achieved without too much negative stress. How often have you achieved this? Most of us have been truly productive quite seldom. I think that this is something that can be developed, by learning a specific set of six crucial skills. I’ll run them down for you below.

Learning is important for personal productivity. Just think about all the new stuff and things we need to learn, only to keep functioning. If nothing else, the user interface of Facebook has suddenly changed, and you have to learn that all again. Ways to learn more easily include faster reading, using mind maps, and for the more advanced also mnemonics (the art of memory tricks).

Organization skills are also very important, as we are constantly overflowed with new things, papers, and information. Some things we should keep and store, others we should immediately get rid of, or they will just increase the amount of clutter lying around. Personal organization methods can really come handy at such situations. Just think what it means to your productivity,when you manage to find that receipt from 2 months ago within 30 seconds of the situation when you need them.

I see time management as a sub skill to personal productivity. With time management, we refer to the art of keeping your calendar in order, and managing task and email. Good time management also means minimizing the time used for procrastination.

In order to get results, we also have to keep fit mentally. Stress will wear you down, if you are not careful. Luckily there exists practices like mediation, but doing sports and meting friends will do as well. The point is, however, this: even in the most hectic work situations, keep calm. With a stable mind, everything is easier, which leads to increased productivity.

One interesting area is creativity. Our work today if filled with problems, and basically we all get paid for solving them. Can you imagine that there actually exists dozens of small tools to help you on that area? Having creativity handy when you need it, will help you finish that presentation your boss is waiting for, making you both happy. Your boss gets his fast delivery, and you can go home earlier.

Last but not least we have decision making. We all know people who cannot make even the smallest decision, they simply don’t have the guts to do it. What do I say again? There exists tools to help you.

Putting in some effort and studying even little in the areas above will help your personal productivity.

How to Improve Personal Productivity – 4 Quick Tips

Are you getting tired of working at only 50% efficiency? This list of quick tips, optimizations and productivity strategies will get you working at 100% power in no time.

Read them, apply them, and watch as your work output improves, your time input decreases, and your lifestyle shoots right up dramatically. Let’s go:

Personal Productivity Tip #1: Micro-test your work times.

Do you often find that you’re more efficient and productive in the mornings? Shape your work day around those times.

For example, spent a week or two working with different day times for your major workload, and see which one produces the best results. After the quick test period, shape your workday around those peak times and watch your results increase.

Personal Productivity Tip #2: Remind yourself to work.

This can be as simple as posting a message on your laptop screen or setting a new desktop wallpaper.

Get an inspirational quote, a personal message, or even just a text file saying “get more done.” These changes aren’t huge, but they’ll teach you how to improve personal productivity like no other.

Personal Productivity Tip #3: Limit and restrict yourself.

Are you often tempted to waste time on irrelevant websites? Use a Firefox plug in (Leechblock is one of the best) to make sure that you don’t waste any more time on websites that aren’t directly related to your work output.

Personal Productivity Tip #4: Don’t look for optimizations, look for major changes.

What major problems are sucking up most of your work time and minimizing the amount of time that you can spend on your workload? For many, the things that waste the most time aren’t the things that are easiest to change.

Spend a couple of weeks working on the big changes, and then use the small optimizations to improve your stable work platform.

By applying these quick tips, you’ll learn how to improve personal productivity, boost your work output, and enjoy a lifestyle that isn’t 100% dominated by work.