Drivon Turner & Waters,PLC

How can one prove fault in a product liability case?

Defective and dangerous products are responsible for countless injuries and deaths in the United States. If California victims do not step forward and file lawsuits against those responsible, it is likely that the manufacturers and retailers of these products will continue to sell faulty products and cause serious harm to many more people.

If one has decided to file a lawsuit against the parties responsible for those injuries, one can prove that a manufacturer and retailer is at fault by establishing that they are strictly liable. Generally, the theory of strict liability states that if a person is injured by a dangerous or defective product, they can recover damages, even if they cannot prove negligence. This benefits consumers because it would be difficult for a consumer to prove when the defect occurred, and that they checked the product for defects before using it.

In other words, the manufacturer's level of care in creating the product or the retailer's level of care in handling the product does not matter. The consumer must show that the product had an unreasonably dangerous defect that came to be at any point during the design, manufacturing, handling or shipment of the product. One will also have to show that the defect caused the injury and the user was using the product in the way that it was intended when the injury occurred. Finally, one will have to show that the product had not changed substantially from the form in which it was sold.

However, manufacturers and retailers also have their defenses. If the retailer is not in the business of selling items (e.g., one bought the item at a garage sale), they cannot be liable for defects. In addition, a manufacturer or retailer may argue that they are not liable for the injuries if the injured continued to use the item even after noticing the defect. Establishing fault in a product liability case can be difficult, but an attorney can assist and help gather the evidence needed to be successful.

No Comments

Leave a comment
Comment Information

215 North San Joaquin Street Stockton, CA 95202 Phone: 209-800-8971 Fax: 209-463-7668 STOCKTON LAW OFFICE MAP