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Essential elements of a negligence case

On Behalf of | Jan 21, 2020 | Hazardous Products |

Negligence is one of the theories the law provides as a remedy for the effects of defective products on a person. Strict liability is the other theory provided under the personal injury statutes. Every personal injury case is unique, and either of these theories can apply.

The National Centre for Biotechnology Information explains negligence as a theory that requires the plaintiff to show that the manufacturer owed them a duty of care. That means the plaintiff got injured because the manufacturer breached the duty of care.

These product liability laws have developed over time, and consequently, a manufacturer owes the consumer a duty of care for every product they make. Therefore, they should ensure there is no risk of harm to the user by all means. A manufacturer breaches the duty of care if he or she;

  • Designs a product in such a way that it becomes unreasonably dangerous to the user.
  • Fails to provide user instructions or warnings about any hazards relating to the use of the product.
  • Omits a process in manufacturing the product making the product dangerous to use.

If a manufacturer makes any of the mistakes mentioned above, they become negligent. Findlaw gives an example of a poorly tested motorcycle that loses a wheel and injures the rider. That is a case of negligence by the manufacturer, and the plaintiff will receive monetary compensation for the damages suffered in this case.

Manufacturers are supposed to offer standard products to consumers. If they fail to do so, they become liable for any injury suffered and therefore take financial responsibility.