Determining Fault in a Defective Product Injury

Injury is not something many consumers think of when using a new product for the first time. 


We are constantly buying and trying new things in the hopes of making our lives easier or more enjoyable. Whether it be a new gardening tool, kitchen product, or high-tech gadget, we’re always looking for what’s new and what’s best. 


What we’re not doing is thinking about the unintended risk of using the product. While some products are more dangerous than others, it is the expectation of all of us that these products will do us no harm. So what happens when that trust is broken and the unimaginable happens?  Who or what is responsible when you or someone you love is injured from a defective product?


What is Strict Liability?


Strict liability comes from the expectation we have that the products we buy and use are safe. When these products cause injury, strict liability promises that the seller, distributor, or manufacturer of that product is responsible.  In these unfortunate situations where strict liability applies, the consumer is afforded the opportunity to hold those that put the product on the market responsible. 


Determining Fault


When determining fault in a product injury, it is not necessary to prove fault from the company. However, there are three conditions that must be true in order for the organization to be held liable and for the consumer to be compensated. These conditions must include: 


  1. The default of the product must be deemed “extremely dangerous” caused by the design, manufacturing, or shipment of the product
  2. The consumer was using the product correctly and as intended
  3. The product must not have been changed substantially from when it was sold


The Next Steps 


If a consumer has been using the product regularly knowing that the product is defective, they may not qualify for compensation if the use inevitably results in an accident, or if the consumer’s own careless actions were found to have caused the injury. 


Because insurance companies and large corporations will often use intimidation to frighten consumers into avoiding litigation, it is helpful to have an attorney on your side, fighting for your rights. 


Our goal is to hold these companies responsible so that no one is hurt by their products again. We are there to stand up for our clients so that companies are held responsible for defective designs and manufacturing. We hold them accountable for the harm they cause. Call us at (949) 753-9100 for a free consultation and case evaluation.

Leave a Reply

Your email address will not be published. Required fields are marked *