You may be surprised to hear this, but you can actually file a product liability lawsuit even if you were partially at fault for causing your injuries while using a defective product. Confused? Read this article.
If you are reading this, it is probably because you have been injured or suffered harm while using a defective product. So you are probably aware by now that under product liability laws in California, a party that manufactures, designs, or sells a defective product is “strictly liable” for injuries caused by that product.
That means: even if the company or individuals responsible for the manufacturing, designing, or selling the defective product were not negligent will be held liable for the injuries. Whoa, hold your horses, not so fast!
Let our California defective product attorney from the Licata & Yeremenko, A Professional Law Corporation explain it to you in a bit.
Three Types Of Product Liability Claims In California
First and foremost, you need to understand how strict liability works all across California. Under product liability laws in the state, strict liability can be imposed for these three types of product defects:
- Manufacturing defect: the manufacturer, installer, designer, tester, or any other party in the distribution chain made an error that turned a normal and safe product into a product that is defective, unsafe, or dangerous for consumers.
- Design defect: the way the product in question – and all other products in the entire line of similar products – was designed makes it “inherently dangerous” or unreasonably hazardous for consumers.
- Warning defect: there is a lack of adequate warnings or instructions that inform consumers about its potential hazards during use or instructing consumers how to use the product in a reasonable way to avoid injuries or harm.
Have You Used The Product In A ‘Reasonably Foreseeable’ Way?
Under California’s product liability laws, a consumer who suffered harm or was injured as a result of using a defective product must prove that the product was defective, unsafe, or otherwise dangerous before it left the possession of the manufacturer (or other responsible parties in the chain of distribution).
Our California product liability lawyer also says that plaintiffs alleging that product defects caused their injuries are required to prove that the product was used in a “reasonably foreseeable” way. This may seem like an element that is impossible to establish, and it would be difficult to prove that a defective product was used in a certain way. But wait until you hear this…
California’s Comparative Fault Doctrine Is The Answer
Thanks to California’s “comparative fault” law, you can seek damages in a product liability lawsuit even if your misuse or modification of the defective product contributed to your injuries. In other words, even if you were partially at fault for your injuries, you may still be able to recover a portion of damages as long as you can prove that the product in question was defective (manufacturing or design defect).
If your misuse or modification of the product was the sole and only cause of your injuries, you will most likely not be able to seek damages or file a product liability lawsuit against the manufacturer and other parties in the chain of distribution.
That does not mean, however, that manufacturers and sellers can refrain from providing a warning or instruction on how to use their product in a way to avoid injuries and harm.
Have you been injured while using a defective product in California, and do you believe that you were partially at fault for your injuries? Do not think even for a second that you are not entitled to compensation.
Instead, contact our California defective product lawyer from the Licata & Yeremenko, A Professional Law Corporation to start working on your case, but California’s comparative fault doctrine to use, and recover damages. Call our offices at 818-783-5757 or complete this contact form to get a free consultation.