Can you sue a company for a defective product?
If a product with manufacturing defects causes injury to the intended user, then the manufacturer can be held liable. Manufacturing defect claims can be difficult to prove in court because they usually involve a limited number of products, unlike design or warning defects.
Who should be responsible when a faulty product injures someone?
If you are injured by a product because it has a defective design, you must prove the product’s design caused the product to be unreasonably dangerous to use. This means the product is dangerous to when it was used properly. Generally, the company that designed the product can be held liable for this type of defect.
When can you sue for product liability?
Statute of Limitations on California Product Liability Claims. In California, you have no more than two years from the date of your personal injury to file a product liability claim against a manufacturer or another party.
Who is at fault in a product liability case?
The responsibility for a defective product depends on the manufacturer, retailer or supplier. If any defect is found out in the process of producing goods then the manufacturer will be liable.
How do you claim product liability?
To succeed on a claim for defective design the plaintiff must plead and prove: (1) the Defendant’s relationship to the product in question; (2) the defective and unreasonably dangerous condition of the product; (3) the existence of a causal connection between the product’s condition and the plaintiff’s injuries or …
What is a defense to strict product liability?
The primary strict liability defense that focuses on the plaintiff’s behavior is assumption of the risk. To prove assumption of the risk, the defendant must prove that the plaintiff knew of the hazard that ultimately injured him and confronted the hazard knowingly.