When a person suffers an injury because of someone else’s negligence, the injured victim may feel overwhelmed about trying to prove a legal claim against the negligent party. This can be especially true when the party to blame is a large product manufacturer with seemingly endless resources to fight against the case. However, under California law, this is not necessarily true.
If a person suffers injury from a defective product, the elements that they must prove to prevail in a products liability case can be less burdensome than the elements involved in other kinds of personal injury cases. The injured victim must first show that the product at issue had some kind of unreasonably dangerous defect. It does not matter whether that defect was a result of poor design, negligent manufacturing or unsafe product handling.
A products liability claimant must next prove that the product’s defect caused an injury while the consumer was using it in a reasonably foreseeable manner. Finally, the injured victim has to show that at the time the product caused the injury, it was in substantially the same condition as it was at the time that it was purchased.
As with other types of personal injury cases, if a person suffers death from defective products, a personal representative for the deceased person — usually a close family member — can file the lawsuit on behalf of the deceased person’s estate.
Products that have defects cause many injuries to people in Orange County and elsewhere throughout the country. When this happens, injured victims and their families should not feel like they are powerless against a negligent product designer or manufacturer.
Source: FindLaw, “Proving Fault in a Product Liability Case,” Accessed on Nov. 19, 2015