Question 1

Do I have to show negligence to be successful in a product defect claim?

Accepted Answer

No. In a strict liability case, you only need to be able to show that the product was defective and that it caused the injury.

Question 2

Can I sue if I was using the product in a manner it wasn’t intended for?

Accepted Answer

Possibly. If it was foreseeable that the misuse could occur, you still could have a claim.

Question 3

What if I received the item as a gift or secondhand?

Accepted Answer

You can sue the manufacturer even if you did not buy the product directly

Question 4

Can I pursue a case based on emotional distress alone?

Accepted Answer

Usually, emotional distress needs to be connected to a physical injury that came from the product.

Question 5

How long will the legal battle last?

Accepted Answer

It will vary depending on the complexity of the case. Some resolve in months, but others can take years, particularly if they proceed to trial.

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The Ultimate Guide to Product Defect Accident Injuries in California