There are times when products are unreasonably dangerous or sold in such a condition to make them defective. In these instances the seller or manufacturer may be liable without fault. This means that even if the seller or manufacturer is careful in making the product or selling the product to you the seller or manufacturer may still be sued because the product itself is the problem no matter what steps the seller or manufacturer took to make it safe.
- For example, you buy an above ground pool with a floor that is too slippery and you fall and break your neck. Even though there is nothing “wrong” with the pool, the fact that the manufacturer made the floor of the pool the way the manufacturer did, makes it unreasonably dangerous.
There may be exceptions to this rule and as such you should check with an attorney before proceeding further.
What is “defective” and “unreasonably dangerous”?
If the ordinary person thought that the product was too dangerous based on his or her knowledge about the product and how it should perform, then it is thought to be defective and unreasonably dangerous. This test, however, comes out differently based on the circumstances and the product so you should speak to an attorney before proceeding further. If the ordinary person can obviously tell that something is dangerous, then it is not seen as defective and unreasonably dangerous.
Exceptions to Strict Liability
There are some things that are unavoidably unsafe and the benefits to society outweigh the dangers that these products present. For example, prescription drugs and vaccines are examples of products that are unavoidably unsafe, but their benefit outweighs that risk. Just because the drug or vaccine has side effects or the drug or vaccine affects someone much worse then it does an average person, you may not have a case under products liability, but you should always check with an attorney before proceeding further.
There is also an exception for certain foods. The “foreign-natural” distinction, as it is referred to, gives companies leeway in the packaging of their food even though there may be technology available to make sure certain things don’t end up in the packaged foods.
- for example, a piece of metal in a can of peaches is not acceptable, but pieces of a pit may be allowed.
If you use the product in a way that it was not intended and it is a use that would not be foreseeable, then you may not have a case under products liability.
- Example: using a blow dryer in the shower.
If there are state and federal regulations that the companies have to comply with and they do so, but their product still causes harm, they may be free from getting sued under products liability. This is called “preemption“. Since there was a law in place telling the company what to do and the company followed it, the company can not be sued for complying with the order.
- For example, labeling or imposing a particular technique that the companies have been told to follow.
Proof of Strict Liability for Products Liability
To prove strict liability in a products liability case you must show that the product was manufactured or sold by the person you are trying to sue. You must also show that there is a defect not just a problem caused because of some redesign to the product. You must also show that the defect was the cause of the injuries.
For further information see the related topics:
Product Liability Lawyer
You can find L.A.’s most distinguished product liability lawyer right here at the prestigious Law Offices of Burg & Brock. The firm’s founder, Cameron Brock, is known throughout California as an aggressive product liability lawyer. The key to Burg & Brock’s success rests on three simple principles: experience, expertise, and selectivity.
Experience is absolutely vital to be an effective product liability lawyer. Since 1996, Brock has handled over 5,000 personal injury cases – including numerous defective product and other product liability cases. In that time, he has enjoyed a 97% success rate, and his clients have enjoyed over $100 million in verdicts and settlements. Of particular importance is trial experience. Brock has developed a solid reputation as a force to be reckoned with in the courtroom, and that has resulted in more settlement offers from defendants who shrink from facing him at trial.
Cameron Brock and his associates also bring to bear considerable expertise in the kinds of medical issues that naturally arise in many product liability cases. Quite frankly, it is imperative that your product liability lawyer actually sounds like he knows what he’s talking about. Juries can smell a fraud from a mile away.
Finally, the professional team at the Law Offices of Burg & Brock prides itself on its selectivity. You can easily find a product liability lawyer to take your case, regardless of its merits, because there are some unscrupulous attorneys who are interested only in the money. But at Burg & Brock, they will be honest and candid with you about the merits of your case. If they genuinely believe it has good standing, they will proceed, and you will have the finest legal team in Los Angeles fighting hard for you and your rights.