What if I'm injured in a ski accident due to faulty ski equipment?
If you are injured in a ski accident due to faulty ski equipment in California, you may be able to recover for your damages through a product liability lawsuit. In California, product liability law holds the manufacturer, wholesaler, or retailer of the ski equipment liable for the damages caused by an injury due to the ski equipment’s defect. In order to prove a product liability claim, you must show that the ski equipment was defective, and that the defect caused your injury. Depending on the flaw in the ski equipment, you can bring a claim under a strict liability theory or negligence theory. Strict liability theories do not require proof of negligence and only require proof that the ski equipment was unreasonably dangerous when sold. The burden of proof is then shifted to the manufacturer, wholesaler, or retailer to prove the ski equipment was not defective. In the alternative, under a negligence theory, you must prove the manufacturer, wholesaler or retailer of the ski equipment was negligent, which means they failed to use the care that a reasonable person would use in similar circumstances. In order to prove a negligence claim, you must show that the defendant had a duty to keep the ski equipment in good condition, that the defendant failed to live up to that duty, and that the failure to live up to the duty resulted in your injury. If you believe that you have suffered an injury due to faulty ski equipment, it is important to contact an experienced attorney who can review the facts of your case and advise you of the best course of action.
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