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Home Legal Updates

How Do You Prove Negligence in a Defective Product Lawsuit?

Lucas Leo by Lucas Leo
November 1, 2025
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How Do You Prove Negligence in a Defective Product Lawsuit?
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When you buy a product like a car with safety airbags or a medical device from someone who is expected to protect you, you obviously trust them to be tested properly for safety. But in some unfortunate cases, these products fail to meet the standards and lead to serious injuries, damage to property, and at times even death. In such cases, you have the right to compensation.

For example, the city of Chicago is known for its delicious deep-dish pizza, hot dogs, amazing architecture, and museums. This city also gives you a vibrant music scene with jazz and blues. But the other thing that the city is famous for is that it is home to many manufacturers and distributors. So, many people buy things from this city.

This is what makes a city like Chicago more susceptible to product liability claims. If you or your loved ones are ever involved in an accident due to such faulty products in Chicago, you can consult a Chicago defective product attorney to help protect your rights.

Table of Contents

  • What is Negligence in a Product Liability Case?
  • How Can You Prove Negligence?
  • Conclusion

What is Negligence in a Product Liability Case?

If you feel you have been affected due to a faulty product, the only way to succeed with your claim is to prove negligence of the concerned party. So, before that, you need to understand what negligence is in such cases.

In a product liability case, it is the duty of the manufacturer or distributor to test and ensure that the product has no defects and is safe to use. Negligence occurs when it is found that the party responsible did not take the necessary steps, and it is their carelessness that led to the accident or injury.

A few examples of negligence can be ignoring safety testing standards, using low-quality materials, or not providing the required warnings to the users. Your advocate should prove the party at fault breached their duty of care to prove negligence.

How Can You Prove Negligence?

Here are a few important points that can help you prove the negligence of the responsible party.

  • Establish Duty of Care: A duty of care means that the manufacturer had a duty to produce products that are safe to use. Everyone, from the manufacturers of the products to the retailers selling the products, is responsible for providing a duty of care to the consumers.
  • Proving Breach of Duty: Once you are able to establish a duty of care, the next step is to prove that the duty of care was breached by the responsible party. Here, you could show how substandard materials were used, or industry standards were not followed, or how proper warnings were not given.
  • Proving Loss or Injuries: It is not only enough that you prove that the product was defective, but you should also show how the defect affected you directly or caused an injury.  For example, if a faulty airbag in your car failed to protect you from injuries, you can prove that it was the reason for your injuries.
  • Showing Damages: Prove your losses due to the accident or injury, such as medical expenses, loss of wages, and property damages, to get the right compensation.

Conclusion

  • Negligence in a product liability lawsuit occurs when a product causes harm or injury to the consumer.
  • Negligence can be due to a lack of safety testing, the use of substandard materials, or a lack of warnings.
  • To prove negligence, you have to establish a duty of care, breach of duty, and prove your losses and injuries.  
Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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