California consumers rarely expect to suffer injuries when using a product. Unfortunately, this is something that happens often, in products that many of us use every day. If a product has a design defect, those injured may be able to bring a product liability claim against the designer or manufacturer of the good.
Understanding product liability claims
In order to have a product liability claim, a person must use a product the way it was intended to be used and as a result, they end up injured. However, there are different situations that warrant a claim. Generally, there must have been a defect in the product’s design or in its production or the manufacturer failed to issue instructions or warn consumers of potential dangers of using the product.
In any product liability case, the plaintiff bears the burden of proof and must show that they correctly used the product and still suffered a personal injury. Often, this means presenting the same product without a defect and demonstrating its use. This is done to prove that a design defect led to the situation that caused the plaintiff’s injury.
Factors that might show a design defect
There are certain factors that can determine whether a product contains design defects. One of the major factors is the severity of the risk associated with using the product. Another factor is the probability that a person will suffer injuries from using the item as intended.
Showing that a different design would cause less of a risk of injury might prove that the product’s design is defective. It can also be shown that the manufacturer and consumers might experience fewer adverse consequences if an alternative design was given to the product.
