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Proving Fault in Product Liability Cases and Why That Is So Important

By Sean Burke on March 27, 2014

Proving Fault in Product Liability Cases and Why That Is So ImportantThere is an expectation that the products we buy and use will be safe, whether they're motor vehicles, consumer electronics, appliances, or food products. Sadly, there are many cases in which the products that are on the shelves or made available to us are dangerous and cause injuries, even when they are used exactly as directed. In those case, it's important that you seek legal assistance. Personal injury attorneys will hold negligent parties accountable, whether they're individuals or businesses.

Right now, we want to look at some of the basics with regard to defective product cases and how fault is proved/assessed in such cases

About Product Liability Lawsuits

Broadly, product liability lawsuits are cases which are brought against the designers, manufacturers, and/or distributors of a product that has injured a consumer or multiple consumers. These kinds of lawsuits help the injured victims receive compensation for medical bills and other kinds of losses.

Below are some different theories/types of liability that are considered in defective and dangerous product case.

Strict Liability in Defective Product Cases

Strict liability refers to instances in which the product itself is the main focus for liability rather than the product manufacturer or distributor. In essence, strict liability means that the company who made the product is automatically liable for injuries that their product caused as long as a consumer was using the product as directed.

Negligence in Defective Product Cases

Negligence in product liability cases means finding proof that the manufacturers, designers, or distributors of a product did not exercise reasonable care when making the defective product. This tends to involve a close focus on quality control and testing and other means of ensuring overall consumer safety.

Breach of Warranty in Defective Product Cases

Breach of warranty comes in two forms:

  • Breach of Express Warranty: This refers to a product failing to live up to its written claims for use
  • Breach of Implied Warranty: This refers to a product failing to live up to some basic claims of use that are inherent in the product (e.g., a hedge trimmer being safe for basic trimming of a bush)

Misrepresentation and Fraud in Defective Product Cases

Misrepresentation and fraud are very serious matters with regard to product liability lawsuits. This applies to when companies knowingly conceal flaws in a product or dangers in a product that are on the market.

How Our Legal Team Will Help You

When it comes to proving fault in product liability lawsuits, it is crucial to have skilled legal counsel on your side. Product liability attorneys fight for the rights of consumers who were seriously harmed, and they will not be intimidated by the legal teams that are in place at major businesses. They will consider all of the circumstances that surround your injury or your loved one's injury, and will present a solid case that demonstrates that the company behind the product should be held liable for the injury or injuries.

Learn More About Your Legal Options

If you or a loved one has been injured as a result of a product manufacturer's negligence, be sure to contact our Orange County personal injury attorneys today. Our legal team will be on your side each step of the way, helping you achieve justice and receive just compensation for any injuries sustained and losses experienced.

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