How does an injured victim prove a manufacturing defect?

2019-12-06T12:14:02+00:00October 28th, 2016|

On any given day, people use many different kinds of consumer products to accomplish various tasks. These products include the very complex, like an automobile, to the very simple, like hand soap. Regardless of the product’s complexity, just about any product can cause injury if something is wrong with it.

When a person in Orange County suffers an injury while using a product, he or she can pursue compensation from various parties that were responsible for putting that product in the person’s hands. One way to do this is to try to show that the manufacturer was responsible for the problem with an unsafe product due to an error in the manufacturing process. If the injured person suspects that the product was improperly constructed, he or she must produce evidence to show the specific defect. But how does an injured victim prove that a manufacturing defect led to their injury?

In some cases, the injured victim may be able to prove a manufacturing defect by showing that the manufacturer did not adhere to their own standards when producing the product. However, in many other cases, proving a manufacturer’s fault in making the defective product can be extremely difficult. Even in these situations, however, California law allows an injured person to advance their legal claim against the manufacturer through a strict liability theory.

Under this type of claim, an injured person can impose legal liability on a manufacturer by showing that the product did in fact have some kind of defect. The person must also show that he or she suffered the injury while using the product in a way that the manufacturer intended it to be used. Finally, the injured person has to prove that the product’s condition had not been changed substantially from its original condition prior to and at the time of the accident.

Strict liability laws can help an injured consumer win a products liability case against a negligent manufacturer. On the other hand, these cases are not always simple or easy to win. An experienced personal injury attorney can help injured consumers through every step of a case involving a defective product, advocating on their behalf for the compensation they deserve.