What are the elements of a products liability claim?

In California, a products liability claim must meet certain criteria in order to be valid. These elements are: 1. The product must be defective. In order for a product to be considered defective, it must have been created with a flaw, or it must have been inadequately labeled or instructions on how to safely use the product were not provided. 2. The product must have injured someone. The person bringing the claim must have suffered injury or damages due to the defect in the product. 3. The product must have been used as intended. If the product was used in a manner that it was not intended or the defect was not a factor in the accident, then the claim is not valid. 4. The seller or manufacturer must have been responsible for the defect. To be held liable, the seller or manufacturer must have been aware of the defect and failed to take action to correct the issue or warned the consumer of a potential hazard. In order to have a valid products liability claim in California, the claimant must be able to prove that all of these elements were met and that the defect was the cause of the injury or damages they suffered. If any of these four elements are not shown, then the claim may not be valid.

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