Two Theories Relating to Defective Products Lawsuits

When people see a product on the shelf at a retail outlet, they tend to assume that the product is safe for use since it made its way through the distribution chain to that shelf. Unfortunately, this assumption is not always proven correct, as millions of people are injured by defective products every year. Many people who are injured because of a defective product will understand that they may have legal rights that should be explored and perhaps pursued. However, few understand what this actually entails. In short, holding those responsible for defective products accountable is a difficult task.

There are generally two widely accepted theories of liability when it comes to lawsuits that are prompted by injuries caused by defective products. Below you will find a brief overview of these two legal theories. Anyone who has been seriously injured as a result of using a product that was defective needs to obtain the input and advice of experienced California injury lawyers as soon as possible.

Defective Manufacture

One of the theories that’s often used when someone is injured by a defective product is known generally and commonly as defective manufacture. When someone attempts to hold defendants liable for injuries suffered under this theory, their case usually involves offers of proof that the particular product that they used was not built properly such that a mistake was made on the assembly line. This theory may show that only that particular product was defective or that an entire lot or line of products is defective depending on the nature of the manufacturing error.

Defective Design

The other theory that’s often used in products liability lawsuits is known as defective design. This legal theory is used when someone is injured because a product was inherently defective before it was ever even built. Basically, if a product is flawed in the way that it’s designed, it’s going to lead to injuries even if it’s used in a proper manner. In essence, this theory states that a product is defective because of a mistake that was made by the design engineers as opposed to the line workers or the automated machines that were supposed to build the product.

The two theories presented above may seem somewhat basic and simple, but proving either one of them in court is a difficult task to handle. That’s because defendants in these lawsuits are usually large corporations with vast resources available to put expert witnesses on the stand who will testify that these products were not defective. Therefore, someone who has been injured by a defective product needs to level the playing field by obtaining professional help.

If you or someone you love has been injured because of a defective product, you need to seek the help of experienced California injury lawyers who have been fighting for the rights of consumers who have been wrongfully harmed for many years. Contact the Demas Law Group today to schedule a free initial consultation.