Who is to Blame for Injuries Caused by Defective Products?

Injuries caused by defective products are pursued as product liability cases. If you have been injured by a defective or dangerous product, a product liability attorney can help you hold the responsible party liable.

The first step in this process is determining who is at fault. When assigning fault in a product liability case, the plaintiff must first decide whether the malfunction was a design defect or a manufacturing defect.

Defective Design

A product can be considered defectively designed if it is built to its intended specifications, but the product design is inherently defective, making it unsafe. There are two ways to determine defective design: the consumer expectation test and the risk-benefit test. The first test says the plaintiff must prove the design was defective because the product did not perform as expected. These defect then resulted in the injury. The risk-benefit test requires the plaintiff to prove the product’s design substantially contributed to the injury. Conversely, the defendant must try to prove that the product’s intended benefits outweigh its risks. In both scenarios, there are many variables. Different courts will take various stances on what constitutes an “unreasonably dangerous” design.

Defective Manufacturing

Defective manufacturing is more straightforward. The plaintiff must prove the product had an unplanned defect—that is, it was not included in the original design. Whereas a design defect will result in all such products being defective, a manufacturing defect will likely only occur in a small percentage of those products.

In manufacturing defect cases, the plaintiff is not required to try to prove why or how the defect occurred. Manufacturing defects are “liability without fault” cases. Thus, it is irrelevant whether the manufacturer claims to have taken all possible care in creating the product. They will still be considered liable if the product had a manufacturing defect.

“Companies are responsible for creating products that are reasonably safe for consumers. When they create defective products, either during the design or manufacturing process, they must be held liable for injuries that occur as a result,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured by a defective product and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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