Under the Risk Benefit Test, if the injured plaintiff makes a prima facie showing that they were injured while the product was used in an intended or reasonably foreseeable way, the burden shifts to the defendant manufacturer (distributor, retailer, etc.) to prove that the injury (or death) resulted from a misuse of the product.
Continue to read and learn more about product liability injury claims and lawsuits under the Risk Benefit Test.
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Risk Benefit Test | Strict Liability
A manufacturer (distributor, retailer, etc.) may be held strictly liable if a defect in the manufacturer or design of its product causes an injury (or death) while the product was used as intended or in a reasonably foreseeable manner.
Risk Benefit Test | Burden of Proof
Once the injured plaintiff makes a prima facie showing that their injury was caused by the product’s defect, the burden shifts to the defendant to prove that in light of all relevant factors, their product was not defective.
Risk Benefit Test | Elements
To establish a prima facie, product defect strict liability claim the plaintiff must establish all of the following:
- That the defendant manufactured (distributed, sold, etc.) the product;
- That the plaintiff was harmed (injured or killed); and
- That the product’s design was a substantial factor in causing the plaintiff’s harm.
Risk Benefit Test | Jury Verdict
If a plaintiff proves its prima facie defect case, the jury must render a verdict for the plaintiff unless the defendant proves that the benefits of the product’s design outweigh the risks of the design.
Ordaz Law, APC | Risk Benefit Test
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a product defect, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries through the use of different consumer products that have been placed into the “stream of commerce” by manufacturers, distributors and retailers.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego design defect, personal injury lawyer.
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Blog: Personal Injury
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