What are the requirements to prove a manufacturer is liable for an injury caused by a defective product?

In order to prove a manufacturer is liable for an injury caused by a defective product in California, the plaintiff must prove the following elements: 1. The defective product was manufactured or sold by the defendant; 2. The product was in a “defective condition” at the time it was sold or used; 3. The defect was a substantial factor in causing the plaintiff’s injuries; 4. The plaintiff was using the product as intended, or in a reasonably foreseeable manner; 5. The injured party was the person who bought or used the product; and 6. The plaintiff suffered losses as a result of the product defect. In order to be found liable, the defendant must have had knowledge of the defect. This may be evidenced by showing that the defect existed before the product reached the consumer or that the defect was caused by an action taken by the defendant. Furthermore, the court might consider how close the defect was to the time of sale in order to determine if the defendant was indeed aware of the defect. The plaintiff must also prove that all of the necessary factors, such as the defect existing at the time of sale, were present and that the defendant had knowledge of these factors. If all of these elements are proven, then the court will likely find the defendant liable.

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What are the requirements to prove a manufacturer is liable for an injury caused by a defective product?

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