- Macyh Nawaey
California Product Defects Resulting in Injury
California also has a number of laws related to defective products. To prevail on a claim of this nature, a plaintiff must establish the following:
· The defendant designed, manufactured, distributed or sold a defective product
· The product had a defect when it left the defendant's possession
· The plaintiff used the product in a reasonably foreseeable way
· The Plaintiff suffered harm because of the defect
When considering if a product was used in a reasonably foreseeable way, manufacturers must consider how the average consumer will use and misuse a product. A jury determines if the defendant took reasonable precautions and whether the plaintiff's use was reasonably foreseeable. California's strict liability laws allow a plaintiff to hold a defendant strictly liable for his or her injuries, even if the plaintiff cannot show that the defendant acted in any type of negligent manner. Strict liability applies to the following types of product defects:
· Manufacturing defects - These defects occur when there is a mistake in the manufacturing process so that a certain batch of products are defective.
· Design defects - These defects occur when a product is innately defective due to a dangerous design.
· Warning defect - These defects occur when there are inadequate warnings.