Irvine Product Liability Lawyer
When involved in a case with a defective product that resulted in an injury, it is important to consider the particular defect of the product and whether that specific product failed to comply with the engineering designer specifications thereby causing the injury.
With this in mind, when a potential client contacts an Irvine product liability lawyer from our firm regarding a matter where injuries were caused by a defective product, our injury attorneys in Irvine will review and analyze the facts of the case, including how the defective product caused the medical injuries. This includes analyzing and monitoring the required medical treatment and any necessity for future medical treatment as a result of the injuries. This also includes compiling and reviewing any governmental reports or OSHA reports would be helpful to determine what transpired. To learn more about what can be done to strengthen your case, call and schedule a consultation today.
Product Liability in California
Under California law, there are different theories that can be brought by an Irvine product liability attorney in a product liability case:
- One theory is negligence, meaning that the product was negligently designed or manufactured.
- A strict liability theory may also be applicable in product liability, meaning that if the product was produced and it had an inherently defective design which caused injury to an individual, the particular defendant involved with the product can be held strictly liable or responsible for the injuries of the plaintiff.
- Finally, a breach of warranty theory can also be brought up in a products liability case.
All of these different theories may be instrumental in proving by a preponderance of the evidence why the defective product caused the injuries to the victim.
The specific product liability case needs to be analyzed in terms of the type of product involved, whether it is a consumer product such as a defective coffeemaker or blender, or other household product or whether the injuries were caused by a defect in an automobile, or a machine utilized in an industrial or commercial setting.
How Defective Product Cases Are Unique
The manner in which a products liability case proceeds depends on the specific facts regarding how the defective product caused the injuries. If the defective product was a punch press or circular saw used in a commercial or industrial setting, then the manner in which the case proceeds may be different than a case involving a household consumer product, such as a toaster.
In general, product liability cases deal with large manufacturers who will vigorously defend their interest because, if it is proven that their defective product caused serious injuries, they may be looking at additional cases in the future that they would have to defend. Therefore, the evidence involved in these cases will involve engineering, manufacturing, and design specifications, all of which require analysis by an expert engineer or design expert witness in order to prove that the product was defective.
Evidence Used in These Cases
In order to prove a defective product case, the product liability attorney in Irvine and their experts must analyze and scrutinize the particular product that caused the injury and what caused it to be defective. Appropriate evidence would need to be obtained to prove that the product did not operate as the consumer or user foreseeably believed that it would.
The type of product involved will dictate the type of evidence required in order to prove the case, such as whether it is a consumer product used in the home or a more sophisticated piece of machinery used in industry.
Importance of An Attorney
Product liability cases are, by their nature, more complicated because they involve engineering, design, and manufacturing specifications. It is important for the potential client to ask the Irvine product liability lawyer if they have handled similar defective product liability cases previously. Since these cases can be complex and difficult to prove, it is important to retain an experienced product liability attorney to represent the interest of the client.