San Diego Defective Products Lawyers
Leveling the Playing Field

Billions of dollars are spent on consumer products in the United States every year. While there are many laws in existence designed to protect a consumer, this reality does not eliminate the reality that too many people are injured by products that are defective. If this has happened to you or someone you love, you need the help of experienced San Diego defective products lawyers.

Below you'll find information regarding legal theories that exist within the law of products liability, the difficulties an individual consumer could face if he or she attempts to hold those responsible for these injuries accountable alone and finally how you should proceed if you or someone you love has been harmed by a defective product.

Legal Theories of Products Liability Law

If someone is injured by a defective product, he or she generally has two theories available for proof that the defendant should be held liable for the damages incurred. These legal theories are briefly described below.

• Defective design - There are certain products that are found to be defective because they were designed in such a way that even using them properly is unreasonably dangerous. This would tend to make all of the individual units in any product line defective and create the same sort of risk for anyone who uses them.


• Defective manufacture - There are other situations in which a product reaches the consumer despite a mistake that was made in the manufacturing process and therefore makes the product unreasonably dangerous. While defective design tends to result in a whole product line being defective, defective manufacture can render only one or a few individual products defective.

Difficulties Faced by a Consumer in a Products Liability Lawsuit

Even if a defective product was used properly and led to an injury because of one of the two problems mentioned above, an individual consumer can face immense challenges when it comes to proving this liability by him or herself. Below are a few of these challenges:

• The size and resources of the defendant - When a products liability lawsuit is brought, it's generally served on a corporation. Corporations generally have more resources available than consumers and can present an entire team of in-house defense attorneys whose job it is to limit the liability of their employer and/or client.


• The need for expert testimony - In many defective products cases, the proof that a product was in fact defective can require the testimony of an expert witness who will show the jury that the product that caused the injury differs from non-defective products in certain ways. Locating an expert witness can be difficult but is also generally necessary. The defendant will likely present an expert witness that testifies that the product was not defective.

Rather than attempt to take all of this on by yourself as you attempt to recover from your injuries, you need to level the playing field when holding those responsible for placing dangerous products onto the market accountable. Contact the San Diego defective products lawyers at the law firm of Mitchell | Gilleon today to schedule a free initial consultation.