Products Liability:

Negligence

In order to recover damages under a negligence theory, a plaintiff must prove that the manufacturer owed a duty to the plaintiff; the manufacturer breached that duty; the breach of duty was the cause of plaintiff’s injury; the breach of duty was a proximate cause of the injury; and the plaintiff suffered actual damages because of the negligent act.

In product liability cases, the law requires that a manufacturer exercises a reasonable standard. Even if the plaintiff can show that the manufacturer failed to exercise a proper standard of care, the plaintiff must prove two aspects of causation to recover damages. The plaintiff must show that he or she would not have been injured if it hadn’t been for the manufacturer’s negligence. The plaintiff must also prove that the manufacturer could have foreseen the risks during the manufacturing process.

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