Drivon Turner & Waters,PLC

What are the elements of a product liability case?

When California residents buy a product, they expect it to work properly and perform the function it has been created and advertised to do. Unfortunately, this is not always the case. Products can be defective sometimes, and a defective product has the ability to severely injure a consumer. In fact, such products injure thousands of people across the country every year.

It is possible to hold the manufacturer or the seller legally responsible for putting the dangerous or defective product in the hands of the consumer. This can be done through product liability law. This is different from personal injury law, asthe burden on the injured party is not as heavy.

The law requires that a product must meet the consumer's ordinary expectations. When it doesn't, liability can fall on any manufacturer, distributor or seller along the chain of manufacturing. A prima facie case against the seller of the product exists if the defendant has sold a product that the injured claimant used, the defendant is the commercial seller of the product, the plaintiff has suffered an injury and when the item was sold, it was defective. In addition to this, the defect must be the actual and proximate cause of the injury.

While product liability eases the evidentiary burden on the plaintiff, it does not remove it altogether. This means an injured party is often going against a business that has a lot of resources to fight product liability claims and this can seem daunting to someone who is already coming to terms with one's injuries. It might help to have an experienced attorney by one's side, fighting for justice and compensation on their behalf.

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