Everyone uses many products on a daily basis. In a perfect world, we could trust that these products were safe. In the real world, despite government regulations designed to keep us safe, product liability cases are all too common. If you have been injured due to a faulty product, there are three elements we must prove. Keep reading to learn what they are and then contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free legal consultation.
Strict Liability Applies to Product Liability Claims in California
It’s important to know that in the state of California, product liability claims are based on strict liability. What does this mean? It means that you do not need to prove that defendant (in most cases, the manufacturer) was negligent. This is not one of the three elements to prove, and you will notice that it is not relevant at all.
- The Defendant Manufactured, Sold, or Distributed the Product
- The Product Had a Defect
- The Defect Caused Damages to the Plaintiff
The specifics of the case will determine who the defendant is. While it is most commonly the manufacturer that is at fault for product liability cases, it could be any company that sold or distributed the product. The first step is to prove that the company in question was indeed involved in the way we say.
There are many potential types of defects a product could have. It could be that the design was defective, it did not come with proper instructions to use it safely, or that it has dangers that the manufacturer did not warn consumers about.
If a company designs, manufactures, or sells a product that is defective, it is only an issue if the defect causes injury. If it is just an annoyance, then there is nothing to sue for. We will need to show that the defect resulted in an injury or other damages.
You Must Have Used the Product in the Way in Which It Was Intended to Be Used
One of the most common reasons that an injured party does not win their product liability case is because the product was not used as intended. For example, if a company makes winter gloves and a person uses those gloves to get something hot out of the oven, the manufacturer cannot be held accountable for any burns that resulted because the manufacturer made no claim that the product was safe to use in that way.
If you have been injured after using a product properly, contact Law Offices of Michael A. Kahn at (310) 209-1600 to request a free legal consultation. We can carefully consider your case to find the best possible way to move forward.