How Does the Plaintiff Prove a Products Liability Case?
The simple answer is “not easily.” As with medical malpractice actions, the defendant in a products liability action has the desire and monetary resources to hire the most experienced attorneys and expert witnesses to try to defeat the plaintiff’s claim. The plaintiff’s attorney must be knowledgeable and experienced in handling products liability cases or the plaintiff will be fighting an uphill battle to begin with. The following is just some of the work that must be done: Identify the manufacturer of not only the product, but its component parts Establish facts to enable filing the action in a location or venue most favorable to the plaintiff Obtain and secure the product Choose the correct experts to inspect the product Ascertain why the product failed Discover what made the product defective Obtain, read, and understand the relevant documents pertaining to research, design, development and manufacture of the product Anticipate and defeat the potential defenses Network with other la
