Were you hurt by a defective product in California?

Our Blog,personal injury,product liability | February 23, 2017

If you use a defective product and are seriously injured, California laws allow you to pursue financial compensation. You may be able to hold accountable any party whose actions contributed to getting the product on the market, including the product’s manufacturer, distributor or retailer. However, you have to be able to prove that the party was at fault.

What is comparative negligence, and how does it affect my claim?

Comparative negligence is a legal system of recovery in which the responsible person or company can be held liable for financial damages that are based on the percentage of fault. This means that even if you, as a plaintiff or user of the product, share fault in the injuries received from the use of a product, you can still pursue compensation for those injuries. California is a pure comparative fault state.

What is pure comparative fault?

The pure comparative fault – also referred to as pure comparative negligence – standard allows you to pursue financial damages for injuries or more cause by a product, even if you may be primarily at fault. The amount of financial compensation you may be entitle to will be limited by your percentage of fault.

Consider a scenario in which you purchased a microwave that explodes while it was in use, causing $100,000 worth of harm to you and damage to your kitchen. If the court or jury determines that you are 70 percent at fault and the manufacturer was only 30 percent at fault, you may collect $30,000 in damages if the verdict is in your favor.

Making a successful claim for compensation

There are certain criteria for proving the negligence in a product liability case. If you are suing the manufacturer of a product, you will have to prove that:

  • The manufacturer had a duty to provide you a certain standard of care
  • The manufacturer failed to fulfill its duty to you
  • The failure of the manufacturer’s duty was the actual reason for your injuries
  • The failure of the manufacturer’s duty was a direct cause of your injuries
  • You suffered harm as a result of the negligent actions of the manufacturer

If you or someone you know has questions about product liability, don’t hesitate to speak with a personal injury attorney at Rosenthal Law. A lawyer will guide you and help you obtain the financial compensation you deserve.