People use different kinds of products throughout the day and rely on their safety for protection. If you are injured while using a product, you may consider filing a defective product liability claim against its manufacturer.
You need strong evidence to prove that a defective product caused your injury, much like the way you’d need it to back up your account of events in any legal matter. To this end, you need to understand exactly what the court is looking for to find the product manufacturer liable.
The 3 elements of a defective product claim
Generally, there are three elements in a defective product lawsuit: defective production, defective design and failure to warn. Here is a look at each of these elements:
- Defective production: You must prove that the product did not meet the expected manufacturing standards
- Defective design: Here, you have to prove that even though the product was correctly manufactured, it had design flaws that posed a risk to users. In other words, you have to demonstrate that the product’s poor design resulted in specific dangers.
- Failure to warn: Finally, you must prove that the product did not give its users sufficient instructions or warnings and that this lack of information resulted in you getting hurt.
Provided that one of these factors adequately describes why you suffered injuries, you’ll want to prepare to prove your case.
Proving your case
There are four elements that you must prove to win a product liability claim. These are:
- That you followed the correct procedures when using the product. You need to prove that you were in no way responsible for the product’s defect or your injury.
- That the product was indeed defective. You have to prove that part affected the product’s design or manufacturing, causing its defect
- That you sustained an injury and some degree of harm or loss as a result
- That the defective product caused your injury and harm
Proving a defective product claim is not always easy. However, understanding the key steps that go into proving your claim might make your quest easier. If you have any questions about proving a defective product claim in California, be sure to seek professional help.