- the manufacturer sold the breast implant in a dangerous condition
- the manufacturer intended the implant to reach the consumer (you) unaltered, and
- you were injured by the implant’s dangerous condition.
- the defendant owed the plaintiff a duty of reasonable care under the circumstances (i.e. making or selling the breast implant free from dangerous defects and hidden risks)
- the defendant’s actions “breached” (i.e. did not meet) the duty of reasonable care owed to the plaintiff
- the defendant’s breach was the main or only cause of the plaintiff’s injuries, and
- the plaintiff actually suffered some kind of injury
Thanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into soft tissue claims.