Generally, there are four basic elements. The evidence that will be needed to prove each element will depend on the circumstances of the case. First, a plaintiff, or injured person, must prove that he or she has been injured and suffered damages. The plaintiff must also prove that the product involved was defective either in its design or manufacturing or lacked a proper warning or instructions. The plaintiff must also prove that the defect was the specific cause of the injuries and damages. Lastly, the plaintiff must prove that he or she was using the product in the way it was intended to be used.
