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Defects & Defenses

When making a claim for strict liability in a product liability case, it is necessary to prove that the product was defective and unreasonably dangerous for its intended use. In general, there are three types of defects which could render a product unreasonably dangerous:

• Manufacturing defect
  • Manufacturing defects happen during the manufacturing or assembly process and create a product that does not work properly and is unreasonably dangerous.

• Design defect
  • Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always comes out of the factory in dangerous condition. Design defects also apply to the way products are packaged. Much of today’s product liability litigation consists of design defect cases, and is broad enough to cover such claims as asbestos litigation, drug litigation, flammable fabric litigation, dangerous power tool or appliance litigation, defective medical implant litigation (including breast implants), and any other area in which a product’s design makes it unreasonably dangerous for its intended use, thereby causing injury.

• Manufacturer or seller's failure to warn of danger associated with use of the product
  • A manufacturer or seller's failure to warn is also a basis by which a product can be determined to be defective. Product manufacturers have a responsibility to provide consumers with clear and complete instructions to ensure the safe use of a product. This is particularly important where the product is of such a character to be harmful in its ordinary use (explosives). The manufacturer must adequately warn consumers of the potential dangers, and the alert must be explicit and written in language that is easily comprehensible to the average person. Failure to adequately and properly warn, with regards to use, handling, dangers, and other effects of a product is a common basis for product liability lawsuits.

Defenses to Products Liability Claims

When faced with a product liability claim, there are three defenses manufacturers use to deny recovery:

• Product Misuse
  • Product misuse is when the injured person used the product in a manner other than that whch is expected. The key questions is whether the misuse was foreseeable to the manufacturer because they are required to recognize potential misuses of their product. The defense of misuse is essentially a defense based on causation (and comparative negligence in non-strict liability negligence cases)

• Product Alteration
  • Product alteration ends your ability to sue the manufacturer for a defective product if you subustantially alter the product after you purchase it and then the product causes you injury.

• Control of the Defendant
  • Control of the defendant means that in order to recover for injuries caused by a product, it must be shown that the product was defective at the time it left the control of the party against whom a claim is made. In most design defect cases, the product is alleged to be defective at all times, since the theory is that a fundamental design flaw renders the product unreasonably dangerous- regardless of whose hands it is in. If the condition of a product changes so as to render the product unreasonably dangerous after the product has left the control of a particular party in the chain of commerce, that party cannot be held liable for damages caused by the product, unless the change was reasonably foreseeable within the scope of the intended use of the product.

• Statute of Limitations
  • In California, the statute of limitations in products liability cases is one year. Cal Code Civ Proc § 340. The time starts running when the plaintiff knows of the injury and is suspicious of wrongdoing. The existence of such knowledge is a factual determination for the jury to decide. A jury makes this determination using the following factors (1) knowledge of the injury, and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court (1995, 4th Dist) 32 Cal App 4th 959, 38 Cal Rptr 2d 298. If you do not file a lawsuit within this time period, you cannot sue.

In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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