In a negligence claim, the plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty, resulting in injury to the plaintiff.
Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances; or failing to do something that a person of ordinary prudence would do under the same or similar circumstances.
Examples of negligence include failure to anticipate probable uses of the product, failure to inspect or test the product adequately, failure to issue adequate warnings or instructions regarding the use of the product, or any other aspect of the manufacturing or distribution process where due care is not used.
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