Menu Close

Injured by a Defective Product?

If you believe you were injured by a defective product you must consider the following questions:

1. Was the Product Designed with a Flaw?

A design defect refers to a flaw inherent in a product itself and the product is harmful and dangerous in the way it was conceived.

Examples of Design Defects

Design defects can take many different forms including unsafe toys, unsafe consumer electronics, and unsafe vehicles

Under California law, there are two tests to establish a design defect:

  • The Consumer Expectation Test
  • The Risk-Benefit Test

The Plaintiff can use either test or both tests, to prove a design defect to a jury in a products liability lawsuit.

The Consumer Expectation Test Per CACI 1203

According to CACI 1203, The consumer expectation test evaluates whether a product failed to perform as safely as a regular consumer would have expected it to perform when used as intended, or in a reasonably foreseeable way.

What Must Be Proved To Establish a Claim for Products Liability?

To establish the claim for products liability the plaintiff(s) must prove the following elements:

  • The defendant is responsible for making, designing, or distributing/selling the product;
  • The product did not perform as safely as a regular consumer would have expected it to perform
  • Plaintiff was injured
  • The product’s failure to perform safely was a substantial factor in causing injury.

The Risk-Benefit Test Per CACI 1204

According to CACI 1204 to establish strict liability using a risk-benefit test, the plaintiffs must prove that:

  • The defendant manufactured, distributed, sold the product
  • Plaintiff was harmed
  • The defendant manufactured, distributed, sold the product

2. Was the Product Manufactured with an Error?

According to CACI 1202 product contains a manufacturing defect in case it differs from the manufacturer’s design or specifications or from other typical units of the same product line.  A defect in product manufacturing is one that the manufacturer did not intend.

This means that it does not matter how careful This is an example of the legal principle known as strict liability. According to the principle of strict liability, the manufacturer has to pay for any injuries if a poorly manufactured product left the manufacturer and caused harm to the consumer when used for its intended purposes due to the defect in manufacturing,

3. Did the Product Feature Provide Inadequate Instructions or Was it Missing Warning Labels?

The manufacturer is responsible for warning the consumers of reasonably possible dangers inherent to a product. The manufacturer is also required to instruct consumers on how to correctly use the product to ensure safe use and avoid possible dangers.

There is a statute of limitations for filing a claim in California for inadequate warnings, which is ]two years from the date on which the plaintiff was hurt.


What are Damages the Injured Party Can Recover in a Successful Product Liability Lawsuit?

A injured party can recover several types of damages in a successful products liability lawsuit including:

Recovering Compensatory Damages in Products Liability Cases

This type of damages is intended to cover the material and financial losses related to an injury.

This can include:

  • the cost of medical bills
  • lost wages due to injury
  • loss future earnings due to disability
  • damage to or replacement of personal property

Recovering Punitive Damages in Products Liability Cases

This type of damages is intended to punish the company for acting negligently with regard to manufacturing, designing, or marketing a product.

If you were injured by a defective product, it’s important to file a product liability claim and seek compensation for your damages. Contact KAASS LAW experienced lawyers at (310) 943-1171 for help.

See also Oven Defects

See also Product Liability

See also Motorcycle Part Defects

See also Motorcycle Accidents

See also Personal Injury

Leave a Reply

Call Now