How to Prove a Defective Product Claim

cartwrightlaw - May 2, 2022 -

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You might have a viable defective product claim if you’ve been hurt or suffered other damages because of a defective product or prescription medication. In assessing and organizing your case, it’s useful to have the assistance of an experienced injury lawyer to get acquainted with what the law requires you to establish to win.

Although the details differ from state to state, products liability law typically requires that you establish all of the following elements in your claim to win:

You were hurt or suffered losses.
The product is defective.
The defective product caused your injury.
You used the product as it was intended.

You Were Injured or Suffered Losses

You overlook a necessary defective product claim element without an actual injury or financial loss (damages).

For instance, say your new oven explodes the first time you use it because of a crack in the glass. You leap out of the way to avoid the burning hot contents, but you accidentally knock over a gold-encrusted painting, your most expensive possession—onto the ground. But the painting survives the incident without any harm.

Even though the defective and dangerous oven nearly caused first-degree burns to you and damage to your most prized possession, you have no claim without actual injury or damage.

The Product Is Defective

You must further establish that the product that harmed you is defective. How straightforward this is to establish hinges on the sort of claim you are bringing.

The Defect Caused Your Injury

It is not enough to claim that you were hurt while using the defective product. You must show specifically that the defect itself caused your injury.

In some circumstances, such as the exploding oven mentioned above, connecting the defect in the product to your injury is relatively easy. In other circumstances, it may not be so straightforward. For instance, suppose you were hurt in a car crash while driving a car that is apt to flip over when accelerating through corners, but there is proof that you were speeding just before the crash. In that circumstance, the car manufacturer will certainly claim that your careless driving, not the automobile’s design, was the reason for your crash.

You Were Using the Product as It Was Intended

You must have been using the product the way the manufacturer planned for customers to use it. For example, you might not have a valid claim if you use your oven to heat the water for your children’s outdoor pool and the oven explodes, causing scalding water burns. If an ordinary consumer would not use the oven to warm up a children’s outdoor pool, the manufacturer is not required to make the oven’s design safe for that purpose.

However, this does not mean that the way you used the product when you were hurt must fit precisely with the manufacturer’s specifications. If the manufacturer could reasonably anticipate an ordinary customer to use the product in the same fashion you used it, you have probably satisfied this condition.

SCHEDULE A CONSULTATION WITH A SAN FRANCISCO PRODUCT DEFECT ATTORNEY

Contact a product liability attorney at The Cartwright Law Firm, Inc. today to learn more about product liability law and defective products as they apply to your case. We handle all personal injury cases on a contingency fee basis. This means we do not collect attorney’s fees unless we win a recovery for your case. To schedule a consultation, contact us online or call us at (415) 851-6486.