How does a plaintiff show they are owed damages under contract law and tort law relating to a defective product?
For a claim through contract law, the plaintiff must prove they entered into the contract with the defendant and the enforceable terms of the contract or the product’s warranty were breached. A prospective tort claim plaintiff must show: they were owed a duty of care by the defendant with respect to the product; the product, in its design, manufacture, marketing or use was defective or unreasonably dangerous; the product’s defect caused or contributed to harm and tangible damages of a person or their property; and, these damages were reasonably foreseeable. Depending on who is named as the defendant, the prospective plaintiff must also prove the defect or flaw was either known by the defendant or the plaintiff’s negligent actions or inaction caused or contributed to the defect or flaw. The flaw also must be present at a time the defendant had responsibility for or control over the product.