Product Liability Lawyer In California Straight Talk: What Is A Risk Benefit Design Defect?
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Written by: William Turley
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Word Count: 494 |
Date: Mon, 24 Jan 2011 |
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This is another article in our Product Liability Attorney Straight Talk series. Dangerous products needlessly kill and injure consumers. When a dangerously designed product is being used in a foreseeable manner and someone is severely injured, the manufacturer or seller of the product should be held responsible. States have different product liability laws. This article discusses California product liability laws. Here we focus on the Risk Benefit Design defect cause of action. If you or a family member is seriously injured by a defective product, you should consult with a Product Liability Lawyer.
California law recognizes two different kinds of design defects:
1. Consumer expectation test
2. Risk benefit test
Under the risk-benefit test, you do not have to prove the presence of a defect. Rather, once you make a prima facie showing that the product's design caused the injury, the burden shifts to the manufacturer to prove the design was not defective.
To establish a risk - benefit design defect case under California law, you must prove all of the following:
1. That the Defendant manufactured, distributed, and/or sold the product;
2. That, at the time of the use, the product was substantially the same as when it left the Defendant's possession;
3. That the product was used or misused in a way that was reasonably foreseeable to the Defendant; and
4. That the product's design was a substantial factor in causing harm to you.
If you prove these four facts, then the Defendant must prove that the benefits of the design outweigh the risks of the design. In deciding whether the benefits outweigh the risks, the jury must consider the following:
(a) The gravity of the potential harm resulting from the use of the product;
(b) The likelihood that such harm would occur;
(c) The feasibility of an alternative design;
(d) The cost of an alternative design;
(e) The disadvantages of an alternative design.
As is shown here, the risk - benefit test allows you to prove a product is defective if the risks of the product's design outweigh the benefits of such design. You do not have to prove the existence of a feasible alternative design.
The Best Advice You Will Get:
When you bring a claim for damages in court your credibility is always at issue. Never misrepresent, fudge and/or exaggerate your injuries or any other part of your case. You won't get a second chance with your jury. Once you get caught in a lie, you will lose. It's simple. Always tell the truth when you walk into court asking for money. Make sure you hire a lawyer that is going to present your case honestly.
Disclaimer:
This article is not legal advice. I am simplistic in order to achieve clarity. The circumstances, facts and/or issues in your case may be different from those described here. This article is based upon California Product Liability Law. If you are seriously injured b a defect product you your consult with a Product Liability Attorney.
About the Author
Bill Turley is a San Diego Product Liability Attorney. He was elected President of Consumer Attorneys of San Diego. The Turley Law Firm has the most comprehensive California Product Liability Lawyer website.
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