posted in Uncategorized, by dcmmoguls, on November 20, 2017
No one expects to be exposed to dangerous products. We are surrounded by different kinds of products at all hours of the day in San Francisco and the underlying assumption of each product is that it is safe for use. But as you have discovered, this is not always the case. You deserve to seek compensation for the injuries that you have sustained, but filing a lawsuit and pursuing compensation is not always easy when the defense will fight tooth and nail to give you little to no compensation. If you understand the variables involved in your product liability case, you and your dangerous product lawyer can prove your case so that you can be properly compensated.
One of the first questions to ask yourself is “In what way was this product dangerous to me?” There are a few ways that a product can become dangerous: manufacturing defects, design defects, and marketing defects. The way that the product is or has become dangerous is important because it will determine how you and your dangerous product lawyer will approach the case.
Manufacturing defects can be challenging to prove depending on the severity of the defect. According to the Third Restatement of Torts, a manufacturing defect is when the product departs from its intended use “even though all possible care was exercised in the preparation and marketing of the product.” This means that the manufacturer is liable for the injuries that you have sustained as a result of the product being poorly made. In terms of proving that a manufacturing defect led to your injury requires a high burden of proof.
Especially if the product was destroyed during the accident, how can you and your dangerous products lawyer prove that it was a manufacturing defect as opposed to a design defect? It can be difficult, but it is possible if you have the right evidence leading towards this conclusion. If you can produce evidence that suggests that the accident was caused by a malfunction while also ruling out other possible defects, such as design, you will have a strong case for your dangerous product lawsuit. With the right dangerous products lawyer in San Francisco, you’ll have the tools you need to get the compensation that you deserve.