Proving Negligence in a Product Defect Accident Case

The unexpected reality of a product you bought so that your life would be more convenient turning out to make it worse and leave you in any sort of dentally-induced shock, agony and monetary debt has left many people with damaged teeth reeling. Whether they are due to defective auto parts and household appliances, malfunctioning medical devices or unsafe toys, product defect injuries are unfortunately prevalent — and often the result of corporate malfeasance.

If a defective product has caused you an injury, they are liable for any harm or damages to consumers. But in order to get the full amount of compensation that you deserve, then you need to be able to establish legally what amounts essentially are negligence.

But that is strictly illegal, and at Beverly Hills Injury Firm, we want to serve these victims just as our experienced product injury attorneys do in order to make strong results-oriented cases out of them. What You'll Want to Do Before Your Case: Here's what you need to know leading up to your case so that you can secure the best possible outcome for your future.

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Types of Product Defect Claims

In a product defect case, negligence arises only when a company violates this legal duty of care and designs, manufactures or sells products that are not safe for consumers. If that failure does result injury to you, however, the injured party may be compensated.

As opposed to a car accident, where generally an individual is responsible, the typical product liability lawsuit features sophisticated corporate defendants, and multiple entities: designers, manufacturers, marketing firms and retailers.

We demonstrate negligence by first, defining what type of product defect the injury was caused by. The main categories include:

Design Defects: These are problems with the design of the product, or in the case of GM defects, they do not even have to make it out of production into customer's hands.
Sample: A ladder that does not have enough steadiness, constantly toppling over even if used correctly.

Manufacturing Defects: These are those that happen in manufacturing, where a design is safe when executed properly. For instance, a bunch of smartphones whose batteries are all bad and which explode when they overheat because a factory screwed that up.

Improper operation instructions: For example, a medication that comes with serious side effects but warning labels that are clearly incomplete. Proving fault and identifying the responsible party (or parties) in turn requires an understanding of the nature of the defect.

Marketing or Labeling Defects: (Failure to Warn) Contrary to a products liability defect action based on the manufacturing process, this type of claims states that the product suffers from an unreasonably dangerous condition due to inadequate instructions [and] warnings where both are necessary for safe use and maintenance.
These generally occur when businesses do not properly warn users of inherent dangers or provide

Four Elements to Prove Negligence in Product Liability

Each time a product defect claim is based on negligence, you need to establish four factors as part of your legal team for healing:

Duty of Care: The manufacturer or seller had a legal duty to make and provide a product with which was reasonably safe in its design and intended use.

Breach of Duty: Liability arises from the failure of the owner to perform that duty. That can be as simple as setting a dog free in a park without a leash to ignoring signs of aggression.

Causation: Your injuries are a direct result of that breach of duty, which means you would not have been hurt had the product been safe.

Damages: You have experienced tangible damages, such as bodily harm, health care bills, lost wages, and also pain plus suffering.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

What It Takes To Prove Your Claim Of A Defective Product

How aggressive can your attorney be in negotiating a settlement or litigating the case against them will be determined by what kind and how much evidence your legal team is able obtain. Establishing negligence may require detailed investigations and an expert testimony in many product cases.

Critical evidence may include:

The defective product itself

Images or videos of the incident and wounds

Medical records and treatment documentation

In-depth analysis of its design or function by an expert

Product testing results or recalls

Any warnings or instructions the product comes with

Witness statements or consumer complaints

You may not keep meticulous records, but your legal team can gather and preserve this evidence for the purpose of adding additional strength to your claim.

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Strict Liability vs. Negligence

Here at Beverly Hills Injury Firm, we can work with the best engineers, industry experts, and forensic specialists to create winning claims for our clients. Common Products That Cause Injury
Please read on to find out how shoddy, inattentive product design or manufacture can impact upon virtually every type of consumer item including, for example:

Auto parts (airbags, brakes, tires)
Power tools and machinery
Medical devices or implants
Prescription drugs
Household appliances
Children’s toys or furniture
Contaminated or mislabeled food or beverages

For that matter, you generally have a case if a product is being used as intended and causes an injury. In California, product liability is a strict liability tort that does not require proof of negligence to be established as long as the defect causes injury. Nonetheless, demonstrating negligence can reinforce your case and enhance the opportunity of maximizing compensation, in particular for complex claims or those related to willful misconduct.

When Is It Too Late to File a Product Liability Claim

In California, the statute of limitations allows you two years from the date of injury to file a personal injury lawsuit. But, depending on the circumstances of the case, in certain defective product cases, you may not start the clock until you knew or should have known about a harmful defect.

For your claim to be successful, you should not wait any longer. Proof is taken, deadlines are ignored. The sooner you take action, the better your case.

Reasons to Hire a Knowledgeable Product Liability Lawyer

Businesses, and their insurance companies are the worlds greatest legal juggernauts. They might deny any liability, stall on dealing with claims or give you a low-ball settlement that doesn't come anywhere close to covering your full losses. If you are able to prove negligence, you may be entitled to recover damages related to both out of pocket financial costs and non-economic related harm.
Emergency medical care and hospitalization

Types of Damages in Product Defect Lawsuits

Ongoing rehabilitation and therapy

Loss of income and earnings

Pain and suffering

Emotional distress

Permanent disability or disfigurement

Punitive Damages (for gross negligence cases)

Beverly Hills Injury Firm will fight to make sure every dollar of your damages gets accounted for, past, present and future. Having a team like Beverly Hills Injury Firm represent you makes the difference. We will:

Review of the Injury, The Part and Are Help

Determine who Is at Fault, Manufacturer or Distributor?

Preserve and analyze key evidence

Coordinate expert witness testimony

Handle all negotiations and filings

Go to trial if you have to

Talk to Beverly Hills Injury Firm Now
If you have been injured by a defective product, do not fight alone.
Book a free, no-obligation consultation today. We can help you make the first steps toward recovery and justice. We Hold Negligent Companies Accountable, So You Can Recover

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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