Defective products cause thousands of injuries every year. And people who are injured by defective or dangerous products have the right to hold the manufacturer liable for the injuries under the product liability law.
The Oxnard defective products injury attorneys have years of experience in this field and have been representing many clients across the region. In this article, we will share with you everything you need to know about the product liability lawsuit.
What Exactly Are Defective Products?
Defective products are items that malfunction when they are being used for the intended purpose. Moreover, if the usage of a particular defective product causes an injury, then the specific product is deemed as unreasonably dangerous.
Product liability lawsuits have some state laws, and the guidelines vary based on the state. A defective product lawsuit may be for negligence, warranty breach, strict liability, etc.
Types of Defective Products
When filing a product liability lawsuit, the plaintiff must prove that the concerned item was defective or dangerous as a result of which the injury occurred. There are three types of defects in a product:
1. Design Defects – This is a malfunction that was present from the outset even prior to the final manufacturing. In this, basically, the design of the item is foundationally unsafe.
2. Manufacturing Defects – As the name suggests, these defects occur during the manufacturing process.
3. Marketing Defects – When there is an issue with the way the product was being marketed, it comes under marketing defects. These defects include improper safety warnings, inadequate or wrong instruction, inaccurate labeling.
Who are the Responsible Parties?
As per the doctrine, the burden of proof shifts to the defendants. That means the defect concerning the lawsuits would not exist if there was not negligence. If this doctrine is pressed, the plaintiff does not need to prove his side of the story; instead, it is the defendant who proves that there was no negligence.
Strict liability is another rule that works in favor of plaintiffs.
If this is invoked, the plaintiff only needs to prove that the product in use was defective instead of proving the negligence of the manufacturer. With the manufacturer’s fault out of the way, strict liability allows plaintiffs to have higher chances of getting compensation for their loss.
Products that are Unavoidably Unsafe
Some products by their nature are unsafe. For instance, an electric knife needs to be sharp in order to be useful; otherwise, it would be useless. When it comes to these products, it is considered that consumers should be prepared to mitigate the risk factor as much as possible. Therefore, it is the responsibility of the manufacturer to provide a thorough disclaimer with regards to the risks and warnings so that consumers can make an informed decision.
The process of product liability cases is complex, and you will need the assistance of a professional to make a strong case. Therefore, you should consider hiring a product liability attorney to represent your case and help you get maximum compensation.