You may be surprised to hear this, but you can actually file a product liability lawsuit even if you were partially at fault for causing your injuries while using a defective product. Confused? Read this article.
If you are reading this, it is probably because you have been injured or suffered harm while using a defective product. So you are probably aware by now that under product liability laws in Sherman Oaks and elsewhere in California, a party that manufactures, designs, or sells a defective product is “strictly liable” for injuries caused by that product.
That means: even if the company or individuals responsible for the manufacturing, designing, or selling the defective product were not negligent will be held liable for the injuries. Whoa, hold your horses, not so fast!
Let our Sherman Oaks defective product attorney from the Mancini & Associates Professional Law Corporation explain it to you in a bit.
First and foremost, you need to understand how strict liability works in Sherman Oaks and all across California. Under product liability laws in the state, strict liability can be imposed for these three types of product defects:
Under California’s product liability laws, a consumer who suffered harm or was injured as a result of using a defective product must prove that the product was defective, unsafe, or otherwise dangerous before it left the possession of the manufacturer (or other responsible parties in the chain of distribution).
Our Sherman Oaks product liability attorney also says that plaintiffs alleging that product defects caused their injuries are required to prove that the product was used in a “reasonably foreseeable” way. This may seem like an element that is impossible to establish, and it would be difficult to prove that a defective product was used in a certain way. But wait until you hear this…
Thanks to California’s “comparative fault” law, you can seek damages in a product liability lawsuit even if your misuse or modification of the defective product contributed to your injuries. In other words, even if you were partially at fault for your injuries, you may still be able to recover a portion of damages as long as you can prove that the product in question was defective (manufacturing or design defect).
If your misuse or modification of the product was the sole and only cause of your injuries, you will most likely not be able to seek damages or file a product liability lawsuit against the manufacturer and other parties in the chain of distribution.
That does not mean, however, that manufacturers and sellers can refrain from providing a warning or instruction on how to use their product in a way to avoid injuries and harm.
Have you been injured while using a defective product in Sherman Oaks or elsewhere in California, and do you believe that you were partially at fault for your injuries? Do not think even for a second that you are not entitled to compensation.
Instead, contact our Sherman Oaks defective product attorney from the Mancini & Associates to start working on your case, but California’s comparative fault doctrine to use, and recover damages. Call our offices at 818-783-5757 or complete this contact form to get a free consultation.