What Types of Proof Do You Need For a Product Liability Case?

 Posted on November 02, 2023 in Personal Injury

When bringing a product liability case in Illinois, having strong proof is essential for showing that a defective product caused injury or damage. Gathering the right evidence can make or break your case, so understanding the types of proof needed is critical. An Illinois attorney can help you with your evidence to build a solid case.

Evidence of a Defect

First, you must demonstrate that the product contained a defect—whether a manufacturing defect, design defect, or failure to include adequate warnings or instructions. There are several ways to prove a flaw existed.

Expert testimony can explain precisely how or why the product was defective. These experts may be engineers, manufacturers, or specialists who understand the product intricately and can identify the defect based on their deep knowledge. Their testimony can help your case tremendously.

Internal company documents like emails, memos, or reports may acknowledge problems with the item. Past recalls or lawsuits over the same product defect also help establish an ongoing issue that the company has failed to resolve. Scientific testing reports can demonstrate product defects as well, and your lawyer can help you obtain these types of reports.

Proof of Injury and Damages

Compelling evidence must show the defect directly led to injury or property damage. Medical records clearly documenting injuries or illnesses connected to the defective product are crucial. Vivid photos of physical injuries provide visual proof. Detailed estimates detailing costs for medical treatments, receipts for damaged property or repair costs, and testimony from doctors linking the defect to the harm suffered all prove the defendant’s product directly hurt the plaintiff.

Establishing Liability

Convincing evidence needs to connect the defect and damages to the manufacturer or seller’s responsibility. Documents conclusively showing the defendant designed, produced, or sold the product are vital. Any proof that the defendant knew or should have known about the defect yet intentionally failed to remedy it helps solidly show negligence. Records demonstrating failure to meet regulations or safety standards assist with liability. Evidence of similar incidents where the same defective product injured others indicates an ongoing, negligent failure to address a known problem.

Contact a Springfield, IL Product Liability Lawyer

With the right evidence, you can prove a defective product led to compensable injuries or damages. A Bloomington, IL product liability attorney can help gather the necessary documentation, expert testimony, and other proof to show product liability. Having several types will help you build a convincing case. Call Kanoski Bresney at 888-826-8682 for a free consultation to see if you have a case for your specific situation.