Defective products can cause serious injuries, and proving a specific product caused you harm can be challenging. The item in question may be a piece of furniture, toy, automobile or related part, appliance, lawn or garden equipment, or medical device. Harmful medication can also be the subject of a defective product claim. Showing any of these caused your injury requires knowledge of product liability law and a skilled personal injury attorney.
Proving a Product Liability Claim
There are several elements required to win a defective product case. Throughout the legal process, you and your attorney must prove:
- The Product Was Used As Intended: For your claim to be legitimate, you must have been using the product as the manufacturer intended it to be used. You won’t have a product liability claim if you were using an outdoor grill indoors and were injured in a home fire.
However, if an injury occurred while using a product as an ordinary consumer would be expected to, you may have a claim. For example, if injured when a rose clipper blade broke off while cutting shrubs instead of roses, you still have a case because a defect caused the sharp blade to break.
- The Item Had a Recognized Defect: Proving a product was defective requires filing the proper type of product liability claim. There are three general types of claims to consider:
- Manufacturing Defect Claim: This claim can be filed if the product was well-designed but there was an error in manufacturing or building it. Such a claim is often filed against a business where the item was made, such as a factory. An expert witness like an engineer can testify to such a defect.
- Design Defect Claim: A flaw in a product’s design is more difficult to prove. The manufacturer or supplier may not be liable. That’s unless they could have used a safer, technically/financially reasonable design that would not have compromised the product’s usefulness. A product being dangerous is not definitive proof its design is defective.
- Failure to Warn Claim: A manufacturer must warn consumers of potential product defects and dangers. It is expected to consider all foreseeable uses of a product. The duty to warn is greater if a defect or danger is less obvious. Any warnings must be included on the packaging or the product itself. Therefore, the consumer is aware of the potential dangers.
- You Sustained an Injury: A product liability claim must prove an actual injury or monetary loss occurred from using the product. You won’t have a valid claim if you were almost injured by, for example, a defective tea kettle and you moved out of the way before hot steam or water blew out of it.
- The Defect Caused Your Injury: Even if you were injured while using a defective product, this doesn’t prove the defect caused your injury. For example, you were hurt in a car accident involving a vehicle with a known risk of flipping over. But if you were speeding when the accident happened, the manufacturer can argue the car’s design was not the cause of the crash or your injuries.
Liability Theories That May Apply In a Defective Product Case
When building your case, a personal injury attorney will consider the best applicable legal theory of liability. This helps determine who is to blame and the types of damages they may be liable to compensate you for. The most common theories of liability in product defect cases include the following:
- Strict Liability: To prove strict liability, the injured party must show the product was defective and they were hurt by it. The supplier is responsible for defect-related injuries, no matter how carefully they made the product. Strict liability doesn’t factor in negligence.
- Negligence: A negligence claim assumes the supplier failed to act with reasonable care during product design, manufacture, or distribution. However, in California, product liability law holds manufacturers/distributors/retailers liable for injuries even if they weren’t negligent; strict liability is the primary theory used.
- Breach of Warranty: If the product has a warranty that guarantees its condition, a defect can be claimed to violate the warranty. An express warranty is written on a label or the product instructions; it can also be orally stated. An implied warranty is an assumption under the law that the product is fit for sale.
Another theory of liability is known as res ipsa loquitur, a Latin term meaning “the thing speaks for itself”. It assumes the defect would not be there unless someone was negligent in producing it. Therefore the defective product “speaks for itself” and the burden of proof shifts to the defendant who must prove they were not negligent.
Parties That May Be Responsible
Several parties can be responsible for product defects. Any entity along the chain of distribution can be liable, depending on the nature of the defect and how an accident/injury occurred. Responsible parties may include:
- Product manufacturers
- Parts and components manufacturers
- Product wholesalers
- Retail stores that sell the item
- Sellers and resellers
- Product distributors
- Product engineers
- Product designers
- Product suppliers
Steps to Proving a Defective Product Caused You Harm
Unfortunately, many product manufacturers don’t maintain their duty to protect consumers. Far too many unsafe products enter the market, but you can seek damages from any party that’s found responsible for the harm their products cause. The following are important steps in achieving a successful defective product claim:
- Save the Item: The product that injured you is evidence. Don’t throw it away or make any changes to it and save the packaging and instructions. Your attorney can use them as proof a defect caused the injury or loss you’re seeking compensation for.
- Document the Accident: If possible, take pictures and videos at the time of the accident. Documenting the scene demonstrates the nature and extent of your injuries. Adding a timestamp to pictures and videos can help build a timeline of the incident. It’s difficult to refute this type of evidence.
- Hire a Product Liability Attorney: State laws on product liability can differ. A Los Angeles personal injury attorney is familiar with California’s product liability laws. They can use many strategies to prove a product designer, manufacturer, or supplier is negligent or otherwise liable to provide fair compensation. Lawyers are also effective at collecting evidence and negotiating with insurance companies and defense teams.
- Obtain Medical Records: Medical imaging, diagnoses, and treatment plans provide clear evidence of the connection between your injuries and a defective product. Receipts from hospitals, clinics, and doctor’s offices are also evidence. Your doctor can provide a letter explaining why they think the defect harmed you, while your lawyer can hire a medical expert to testify and strengthen the claim against the defendant.
- Get Copies of Accident Reports: Whether the incident happened at work and an accident report was filed, or elsewhere and a police report was written, get a copy. It’s evidence of what happened. Since it provides details fresh after the accident, it is likely accurate and not missing important details that can be forgotten.
- Record Eyewitness Statements: If anyone witnessed the incident, record a statement from them and get their contact information. You can also ask the police, if they’ve responded to the accident scene, to speak to witnesses and obtain these details.
- Research the History of Claims and Recalls on the Product: Federal safety organizations such as the Consumer Product Safety Commission keep a record of recalled items. If a product is known to be dangerous and other victims have been injured and filed claims, your lawyer can help you join a class action lawsuit. They’ll need to prove a product defect caused your injuries but have the skills to determine the best course of action.
Call Jacob for Help with Your Defective Product Claim
If you’ve been injured by a defective product, The Law Offices of Jacob Emrani can help file your claim and build your case. We’ve won multi-million-dollar settlements for many clients over the years. Our Los Angeles personal injury attorneys are familiar with common product liability cases and the types of injuries they can cause. They also work hard to get maximum compensation from responsible parties. To get started and receive a free case evaluation, call (888) 952-2952 today.