What evidence do I need to present to prove wrongful death from a defective product?

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

The success of a wrongful death claim related to a defective product depends on the soundness of the evidence presented. Establishing the manufacturer’s liability requires demonstrating that the product caused the deceased’s injury while he or she was properly using it. 

Evidence to Prove that the Defective Product Caused the Wrongful Death

Strict liability simply requires the plaintiff to establish that the product caused the consumer’s injury or death. Plaintiffs should establish that a negligent action on the part of the victim did not cause the fatal injuries.

For instance, if a faulty electronic device causes electrocution, the plaintiff needs to prove that the victim was using the product properly. If the consumer had made alterations, for example, it could negate the manufacturer’s liability because the manufacturer likely did not intend for consumers to make alterations.

The product manufacturer itself may establish whether the consumer made alterations, and in some cases electronic experts may testify regarding the cause of the fatal malfunction.

Evidence to Prove that the Product is Defective

Of course, some cases simply rely on demonstrating a product is defective. Plaintiffs may present the product itself as well as expert testimony to establish a manufacturing error or design defect that led to the injury. The product packaging, meanwhile, may demonstrate that the manufacturer or another party failed to include adequate warnings or instructions for safe use.

Legal Help is Often Necessary

Given the highly technical nature of evidence required to prove a case of wrongful death from the use of a defective product, plaintiffs should consult an attorney in West Virginia to fight for their rights. Call The Miley Legal Group in Clarksburg at 304-931-4088 to set up a consultation about your case.

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