If you have sustained injuries from a defective product, please read on, then contact one of our experienced Santa Clara County defective product attorneys to learn what you should know about defective product injuries in California.
How do you know if you have a defective product injuries claim in California?
Under California products liability law, someone who designs, manufactures or sells a defective product is strictly liable for injuries caused by that product, even when that person or company was not necessarily negligent in causing the injury.
How do you prove your defective product injuries claim in California?
You must provide evidence of injury, death or property loss to demonstrate the existence of the defect, such as medical records, police reports and eye witness testimonies. When determining whether a product’s condition was defective, a jury will have to consider the following:
- Loss: Did the plaintiff prove they suffered an actual injury or property loss as a result of using a product?
- Defect or failure to warn: Did the plaintiff prove that the product was defectively designed, defectively manufactured or that the manufacturer knew or should have known of risks and failed to warn consumers?
- Proximate cause: Did the plaintiff show that the defect proximately caused the injury?
- Product used as intended: Did the plaintiff show that he or she was using the product as the manufacturer intended it to be used or in a way that a manufacturer could expect a reasonable person to use it?
All of this will have to attest to either a defective manufacture, defective design or failure to provide adequate warnings or instructions concerning the proper use of the product. For this, you should reach out to one of our skilled Santa Clara County personal injury attorneys to discuss your next steps.
How can a Santa Clara County personal injury attorney help you?
A qualified legal representative will fully apprise you of your rights and responsibilities, as well as give you an honest assessment of the strengths and weaknesses of your case. Our firm will also help draft, collect and present the evidence needed to prove your case in court. Many people and entities will be potentially liable in a product liability case and you can be sure that they will fight vigorously to keep you from recovering the damages you are entitled to. While engaging the services of a lawyer is not legally required, you would be well advised to reach out to our firm. Do not go it alone. Give us a call today.
CONTACT OUR SANTA CLARA COUNTY FIRM
When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.