The injured party must not have contributed to their own injury through recklessness or a failure to heed warnings. If the injured party had contributed in some way to their own injury, it may reduce the amount that they can recover, or it may prevent recovery altogether.

Finally, it must be shown that the retailer does not have any valid defenses to the personal injury claim. Some common defenses that a retailer can raise include consent, waiver, and contributory negligence.