What You Need to Know About Elements of a Product Liability Case in California
When an individual purchases a product, they have the expectation that said product will not cause them any harm. When the product does cause harm, customers have a right to take legal action. Here is everything you need to know about the elements of a product liability case in California.
Customers purchasing a product place their trust in the manufacturer. They believe the product will satisfy their needs and not cause them harm. California’s strict consumer protection laws seek to ensure that manufacturers, retailers, and designers are held accountable for any injury their products might cause to the public. However, these laws are bound by a statute of limitations that determines how long your claim remains valid in the eyes of the court. These laws are also bound by elements that will restrict when someone can bring a case against a manufacturer, designer, seller, etc.
Related: What Is Product Liability in California?
Product Liability Lawsuit in California
It is important to know that in the state of California, product liability claims are based on strict liability. This means that a plaintiff (the harmed individual who is bringing the case to court) does not need to prove that the defendant (the person the case is being brought against, which in most product liability cases is the manufacturer) was negligent. One will notice that it is not mentioned in any of the elements, and is not relevant in product liability cases at all. Negligence claims must prove that the injuries or damages were caused by careless acts or breached the required duties owed to others. Strict liability makes no judgment based on good-faith intentions or no-fault responsibility; it pertains only to the fact that an injury or damage occurred.
Fault can lie with the manufacturer, designer, retailer, wholesaler, or others. Product liability laws seek to protect consumers from dangers, defects, or malfunctions that cause physical pain and suffering. In California, a product liability attorney seeks to prove that their client’s injury was a direct result of how the product was manufactured or designed, or the result of improper warnings.
Related: What is Tort Law? Can I Be Compensated?
Elements of a Product Liability Case in California
Each type of product liability claim requires proof of slightly different elements. In general, however, a plaintiff must prove three things to prevail on a claim in California:
1. That the defendant designed, manufactured, distributed, or sold a defective product
The specifics of the case will determine who the defendant is. While it is most commonly the manufacturer that is at fault for product liability cases, it could be any company that sold or distributed the product. The first step is to prove that the company in question was indeed involved in the designing, manufacturing, distributing, or selling of the product that harmed the plaintiff.
2. That the product had the defect when it left the defendant’s possession
There are many potential types of defects a product could have. It could be that the design was defective, it did not come with proper instructions to use it safely, or that it has dangers that the manufacturer did not warn consumers about. However, the product must have been defective when it left the defendant’s possession. If the product was not defective when it left the defendant’s position, then the defendant is not to blame for the harm that the plaintiff suffered.
3. That the plaintiff suffered harm as a result of the defect
If a company designs, manufactures, or sells a product that is defective, it is only an issue if the defect causes injury. If the defect results in mere annoyance (such as slow performance), then there is nothing to sue for. The plaintiff will need to show that the defect resulted in an injury or other damages.
The Other Element
There is another element that not all courts in California use, but is important to mention:
4. That the plaintiff used the product in a reasonably foreseeable manner
One of the most common reasons that an injured party does not win their product liability case is because the product was not used as intended. For example, if a company makes winter gloves and a person uses those gloves to get something hot out of the oven, the manufacturer cannot be held accountable for any burns that resulted because the manufacturer made no claim that the product was safe to use in that way. The plaintiff must have used the product in a reasonably foreseeable manner, or else the defendant is not at fault.
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If you have any more questions about the elements of a product liability case in California, contact us. Get your free consultation with one of our experienced Personal Injury Attorneys in California today!