Attorney Profiles

Sean M. Burke

Sean M. Burke

With more than 25 years of experience as an attorney, Sean M. Burke can help you attain the compensation you deserve after a serious personal injury. He holds an AV rating from Martindale-Hubbell, and was named Orange County Trial Lawyer Association's (OCTLA) Medical Malpractice Trial Lawyer of the Year for 2005.
> Learn More

Heather J. Higson

Heather J. Higson

Heather J. Higson became a member of the State Bar of California in 1989, and joined Mr. Burke’s law firm in 2006. She has experience in every area of medical malpractice, from case inception through discover and trial.
> Learn More

Welcome to our Blog!

108306956

Product Liability Cases Involving Manufacturing Defects

September 05, 2017 @ 09:18 AM — by Sean Burke

An automotive part with a manufacturing defectWhen you purchase a product, you have every right to expect that it will be reasonably safe to use for its intended purpose. If there are any known hazards associated with the use of the product, you likewise have the right to be forewarned of those hazards. While consumers certainly have the responsibility to employ some common sense while using products, manufacturers have the responsibility not to make products with dangerous defects commercially available. If such products do become available, consumers who are injured as a result of the use of these products may be able to obtain compensation by filing a special type of personal injury lawsuit known as a product liability lawsuit.

Product liability lawsuits can be filed in response to any number of injuries, ranging from relatively minor injuries such as broken bones and lacerations to extremely major injuries such as spinal cord injuries and traumatic brain injuries. When an injury is caused by a manufacturing defect, a product liability lawsuit is generally filed against the manufacturer of the product.

At the Law Offices of Sean M. Burke, personal injury attorney Sean M. Burke personally handles every aspect of every case involving product liability and manufacturing defects. Our Orange County, CA lawyer uses all of the resources at his disposal to ensure that victims of dangerous products receive the superior legal representation they deserve.

If you or a member of your family has been injured by a defective product, or if you have lost a family member due to the use of such a product, please arrange for an evaluation of your case today.

The Doctrine of Strict Liability in Product Liability Cases

Product liability cases are unique among personal injury cases in that, in general, they do not require the plaintiff’s attorney to pinpoint an act of negligence on the part of the defendant. This is because the presence of the manufacturing defect, if it does indeed exist, is evidence enough that an act of negligence did occur at some point. Often in product liability cases involving manufacturing defects, the same defect is present in all products manufactured during a given run.

In manufacturing defect cases in which the doctrine of strict liability comes into play, Mr. Burke must be able to demonstrate that:

  • The manufacturing defect does indeed exist in the product; therefore, no further evidence of negligence on the part of the manufacturer must be presented;
  • The defect was responsible for the plaintiff’s injury;
  • The plaintiff was using the product properly and for its intended purpose at the time of the injury;
  • The plaintiff could not have reasonably foreseen the defect that caused the injury and therefore could not have avoided the injury;
  • The plaintiff experienced losses and expenses as a result of the injury and therefore should be compensated by the manufacturer of the product.

Arrange for an Evaluation of Your Product Liability Case

To arrange for an evaluation of your product liability case, please contact the Law Offices of Sean M. Burke today.

Tags

Auto Accidents Bike Accidents Birth Injury Brain Injuries Brain Injury Burn Injury Car Accidents Catastrophic Injury Cerebral Palsy Child Injury

Archive

Feeds


Video Gallery

Law Offices Of Sean M. BurkeView Our Videos

Contact Us

Use the form below to contact Newport Beach lawyer Sean M. Burke for help with your insurance litigation or defective products claim. Secure the help of some of the finest attorneys in the Los Angeles area today.

Law Offices Of Sean M. Burke

Irvine, CA Office

9210 Irvine Center Dr
Irvine, CA 92618

Phone: (949) 287-4191
Fax: (949) 644-3433

Honors & Awards

Sean M. Burke awarded Trial Lawyer of the Year for Medical Malpractice by the Orange County Trial Lawyers for 2009 & 2005

Top 5 Personal Injury Lawyers in Orange County by AVVO and OC Metro Magazine.