What is the burden of proof for a defective products claim?

The burden of proof for a defective products claim in California is on the plaintiff. This means that the plaintiff must prove that a product is defective and that this defect caused the damage that the plaintiff complains of. To do this, the plaintiff must establish four elements: (1) the manufacturer had a duty to produce a safe product; (2) the product was defective; (3) the defect caused the plaintiff’s injury or damage; and (4) the plaintiff has suffered actual damages. The plaintiff must provide evidence that the product was defective when it left the possession of the manufacturer. This includes proving that the product was “unreasonably dangerous” and that any risk associated with the product was not sufficiently foreseeable to the manufacturer. The plaintiff may also argue that the manufacturer was negligent by failing to label the product properly or warn of known risks. To prove causation, the plaintiff must demonstrate that the defect in the product caused the plaintiff’s injury or damage. This requires evidence that the product’s defect was the direct cause of the plaintiff’s injury or damage. Finally, the plaintiff must show that they have suffered actual damages, such as medical expenses, lost wages, pain and suffering, etc. It is important to note that, in California, plaintiffs cannot recover punitive damages in defective product cases. Overall, the burden of proof for a defective products claim in California is on the plaintiff, and they must provide evidence that the product was defective, that the product caused the damage, and that they have suffered actual damages.

What is the burden of proof for a defective products claim?

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