If you were injured because a product that you are using suddenly malfunctioned, you can file a defective product liability case in order to recover monetary damages for your injuries. It is advisable that you acquire legal help in order prove that the product is defective and that the defendant is responsible for it.
You can win the case and receive financial assistance from the defendant if you can establish the following elements with the help of a Los Angeles personal injury attorney:
You were injured or you suffered from losses - You will not have a strong case against the defendant if you have no actual injuries or if you are not suffering from any losses.
For example, an electric kettle exploded after you used it due to a crack on its base. You were spared from burn injuries because you were able to avoid skin contact with the burning hot water. In this case, you might not have a case against the manufacturer or designer because the accident did not cause any injury or property damage.
The product that you used is defective - You should be able to show that the product that you used is defective. This defect may be caused by:
- Design flaws- You will have to prove that the design itself made the product unreasonably dangerous. However, not all dangerous products are considered as defective. For example, you were injured because you dropped a meat cleaver on your foot. In this case, you may not be able to recover monetary damages from the designer even if the cleaver is dangerous because you will not be injured if you have not dropped it.
- Manufacturing error- This may be easier to prove compared to design flaw. In this case, the product became dangerous because of errors that were committed during the manufacturing process.
- Failure to warn- The product possesses dangerous features which cannot be seen by the consumer. It is the responsibility of the manufacturer to inform you about these features. In addition, the manufacturer is also required to provide you with sufficient instructions on how to use the product.
Your injury was caused by the defective product - Proving that you were injured is not enough. You should be able to show that the actual product is the reason why you were hurt.
The product was used properly - You should have used the product the way the manufacturer expects you to use it. If you did not follow the instructions given by the manufacturer, you may not be entitled to recover monetary damages.