As per California’s laws on product liability, the designer, manufacturer or seller of something defective is strictly responsible for injuries resulting from it. In the state, it is possible to enforce strict liability for manufacturing defects, warning defects, and design defects. An injury lawyer in Los Angeles can help you with filing claims for injuries from any of these defects. Read on to better understand the way to succeed in products liability claims.
The Aspects of the Liability Claim
Every single kind of claim necessitates proof of somewhat different elements. However, generally, to succeed in this claim, one has to prove that:
- The accused party designed, made, sold or distributed a defective good;
- The product had the issue when it went away from that party’s possession;
- The plaintiff party used that product reasonably; and,
- The latter party sustained injuries due to the product’s defect.
What Does “Strict Liability” Refer to?
To be responsible for the plaintiff’s injuries, the other party must have performed something with recklessness, negligence, the purpose to bring about harm, or gross negligence. In rare cases, however, the defendant is likely to be strictly responsible for the other’s injuries even if they did not do anything wrong.
When a good is more unsafe than normal, or it has inadequate warning signs, its designer, manufacturer or seller is strictly responsible for the consequent injuries if the victim used it in a manner that is reasonably foreseeable. This also pertains to food service businesses that supply contaminated items.
Use of an Item in Such a Manner
The state law necessitates producers to anticipate the way in which the standard consumer will utilize their good. If how that injured victim used it is reasonably foreseeable, the defendant party or parties will be found strictly liable after the court hearing. This does not mean that the designer or manufacturer has to fully do away with a danger. Several everyday goods are inherently unsafe when used in the wrong way or even normal manner.
However, reasonable precautions have to be taken by manufacturers of dangerous items to reduce the harm which may arise as a consequence of their use. Depending upon the circumstances, that could involve the product’s design/making or just inspecting it or giving adequate warning signs. A jury has to decide whether the accused took such precautions and the other party’s use was such that meets the criteria for compensation.