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The following article was published in our article directory on December 15, 2011.
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The Toaster Strikes Back: Product Liability

Article Category: Legal

Author Name: Leonardo Generaldi

Manufacturers of publicly available products assume the responsibility for personal injury sustained through its use under specific circumstances. This responsibility also extends to product distributors, retailers, and suppliers. The most common product liability cases involve defects in the design, manufacture, maintenance, and repair of certain products.

Under most state courts or statutes, there are five (5) elements which constitute product liability. First, the defect identified in the product must be proven to pose a high risk of injury when used. For example, if a defective wiring design is identified in an electric toaster, such a defect must be demonstrated to be dangerous during normal use.

Second, the manufacturer of the product in question should be involved in the business of producing the said product. Likewise, the seller of the defective product must be proven to be in the business of selling the product. For example, the company that is said to have manufactured a defective toaster must be in the business of making toasters. The same rule applies to the establishment which sold the defective toaster (the company should be in the business of selling electric toasters).

Third, the product shows no evidence of alteration from the time the possession and ownership was transferred from the manufacturer or seller to the consumer. Fourth, the product defect identified should be proven as the primary cause of injury sustained by a consumer. In the case of the defective toaster, the defective wiring design should be proven as the culprit behind the personal injury suffered by the consumer.

Finally, proper use of the product should have been observed by the consumer when the incident occurred. Therefore, the consumer must show that every step was followed in operating the toaster based on the instructions printed on the user's manual and plain common sense. Likewise, the consumer must also prove that every precaution has been made based on what was written on the user's manual or similar document that came with the toaster.

Should a consumer be injured by a defective product, maintain possession of the product no matter what happens . Having access to the product for later inspection by experts from both sides is a key factor in winning product liability cases. The defective product is primary evidence, which is why care should be taken to preserve it. The burden of proving product defect rests on the consumer and if the product in question is either lost or destroyed, the chances of winning a product liability case is significantly reduced. In cases where the consumer has lost access to the defective product, an Orange County attorney should be contacted right away.

However, the consumer must be aware that pursuing personal injury cases involving product liability require financial resources to get the ball rolling. In addition, lawyers of manufacturers and sellers are known to utilize tactics which cause the case to drag on for months. Therefore, getting an experienced lawyer is crucial in winning product liability cases.

Keywords: personal injury attorney orange county

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