What are the elements of a product liability claim?

Product liability claims in California involve determining if a dangerous or defective product caused an injury to a person or property. To prove liability, the injured party must prove four elements: duty, breach, causation, and damages. The first element is duty. This is the responsibility a maker of a product has to produce a product that is safe and fit for its purpose. It also includes providing consumers with accurate information about the product and any potential risks it poses. The second element is breach of duty. This is when the maker fails in its responsibility to produce a safe product. This can include failure to warn consumers about potential risks or using low-quality materials to create the product. The third element is causation, which is proving that it was the product that caused the injury. This requires proof that the injury would not have occurred without the defective product. The fourth element is damages. This refers to the losses or harm suffered by the injured party, such as medical expenses or lost wages. It is necessary to prove that the injury suffered was directly linked to the product in question. If all four of these elements are proven, the injured party may be able to pursue a product liability claim. This type of claim is designed to hold product makers accountable for producing dangerous or defective products that cause injury, and is a key aspect of consumer protection in California.

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What are the elements of a product liability claim?

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