PRODUCT DEFECTS UNDER CALIFORNIA LAW
You prove a “manufacturing defect” exists under California law if you show that “the product differs from the manufacturer’s design or speciﬁcations or from other typical units of the same product line.” (See California Civil Jury Instruction No. 1202.)
You can prove that “design defect” exists under two different tests.
One such test is known as the “Consumer Expectation Test.” Under this test, you can hold the defendant responsible if you can prove you were injured because the product “did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way.” (See California Civil Jury Instruction No. 1203.)
Under the second “design defect” test known as the “Risk-Benefit Test,” you can hold the defendant liable if you show that you were injured as a result of the design of the product and the defendant is unable to prove that “the beneﬁts of the product’s design outweigh the risks of the design.” (See California Civil Jury Instruction No. 1204.)
In California, a product can also be found to be defective because of inadequate warnings even if it did not malfunction.
Understanding how these defects are proven will arm you with the knowledge you need to take action. If you believe you were injured due to a defective product, don’t hesitate to schedule a free consultation today. Become informed about every aspect of your case.