Someone who is injured by a defective product such as a vehicle, drug, stroller, or medical device, is entitled to compensation for his or her economic and non-financial losses. Victims may file a civil lawsuit against suppliers, distributors, manufacturers of products, and manufacturers of parts to recover their damages.
To prevail in a defective product case, plaintiffs must demonstrate they were harmed as a result of a defendant’s breach of legal duty or failure to fulfill a legal obligation. A Long Beach defective products lawyer can provide legal assistance to plaintiffs in determining appropriate legal arguments to make in order to win a defective products case.
What Plaintiffs Must Prove to Win a Defective Product Case
Plaintiffs can prevail in a defective product case using one of several legal theories of liability.
- Plaintiffs can make a strict liability argument: California law holds manufacturers strictly accountable for any injuries caused by design defects, manufacturing defects, inadequate instructions, or failure to warn. No negligence must be proved if a plaintiff makes a strict liability argument. A plaintiff must prove the defect or failure to warn existed and harm occurred as a direct result.
- Plaintiffs can argue negligence. A plaintiff can win a defective product case by showing injuries were the direct result of negligence on the part of a product manufacturer, parts manufacturer, distributor, or supplier. To show negligence, a plaintiff must demonstrate how a manufacturer’s conduct fell below the ordinary level of care an average reasonable distributor, supplier, or manufacturer would have used under similar circumstances.
- Plaintiffs can argue breach of express or implied warranty. Most goods are subject to warranties that state a product must work for as intended. Implied warranties include the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.
It is common for plaintiffs in product defect cases to make multiple legal arguments in order to strengthen their case. Plaintiffs should present expert witnesses to help them demonstrate the defects or problems with the product. Industry experts, design engineers, and scientists who conduct lab testing are among the expert witnesses a plaintiff may put on the stand in a defective products case.
Plaintiffs must also prove the extent of losses they experienced as a direct result of product problems. Vocational experts, medical care providers, and other expert witnesses can testify as to the extent of lost wages, pain endured by the plaintiff, and future medical expenditures related to injuries incurred due to the product defect.
A Long Beach Personal Injury Lawyer Can Help Plaintiffs Win a Defective Product Case
Your Injuries are Personal to Me
I have significant experience representing clients who sustained injuries as a result of defective products. I can identify all defendants who are liable and develop strong legal arguments to show why a defendant should be held responsible for your injuries injuries.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation.
You are under no obligation and you will never pay any money unless you recover damages for your injuries.
I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.