Four Elements of a Successful Products Liability Negligence Claim

Grant J. Skolnick, Esq.

Grant J. Skolnick, Esq.

Businesses and individuals have a legal responsibility to make and market safe and effective products when used as intended. However, defectively designed or manufactured products (or the company’s failure to warn of known defects) often result in personal injuries.

This can apply to exploding vape pens, collapsing ladders, leaking breast implants, exploding tires, malfunctioning airbags and also dangerous pharmaceuticals.

A successful products liability negligence claim shows that the product that caused the injury was unreasonably dangerous. 

Related – Dog Bites and Products Liability: Strict Liability Laws in Florida

Prove These Four Elements For A Successful Claim

  1. You must show that as a result of the product, you have suffered an actual injury or a financial loss.
  2. Defect or Failure to Warn. You must be able to prove that the product was (1) defectively designed, (2) defectively manufactured or (3) that the manufacturer knew or should have known of risks and failed to warn you of the risks.
  3. Proximate Cause. You must show that the defect proximately caused the injury.
  4. Product Used as Intended. You must show that you were using the product as it was intended to be used, or in a way that a reasonable person would use it.

If you believe you have a products liability negligence claim, seek legal help. A personal injury lawyer can help determine if you have a claim as a result of your injuries. We can help you get a much better idea of the steps you should be taking, the best way is to proceed, and the compensation you may be entitled to.

Contact the Ticktin Law Group at (561) 232-2222 or by filling out our contact form to schedule a complimentary consultation.


Editor’s note: this post was updated on May 9, 2018