When do you know you have a product liability case?

Written by: Chad M. Prentice

You expect to buy a product in California that works properly and provides you with a good value. Sometimes, though, products do not live up to expectations. In some cases, products may even end up being dangerous. You may wonder when an issue with a product reaches the place where you have a product liability case. According to the American Bar Association, to file a product liability case, you have to prove there was a defect and show you were injured by it. 

You do not have to prove negligence on the part of the manufacturer, though. You only need to show that there was something wrong with the product that led to your injury. You should always retain evidence if possible. Do not get rid of the defective product as it can be evidence. You also need to document what happened. Preferably, you should take pictures of the scene and your injuries. You also want to show when and where you bought it.  

A court will want to see the conditions under which you were using the product to be sure that you were following proper operation guidelines. If you use a product in a way not intended by the manufacturer, then there may be no liability. Furthermore, if something you did lead to the failure of the product, then it is not a liability to the manufacturer.  

However, if you were using the product as intended and it failed, then that is liability of the manufacturer and a basis for a possible case. This information is for education and is not legal advice.