When 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.