Defective Product

Defective Product


When we purchase a product, we have expectations. We have expectations that the product will work properly and will be safe to use. These expectations seem reasonable. Unfortunately, products can have defects and damaging things can happen. If a product has a design flaw or a failure, the design can be held liable under California law. In addition, a personal injury lawsuit can be brought forth if a person is injured due to a defective product design. In California, there are laws in place in order for people to seek appropriate damages regarding defective products.

Two tests can be performed in order to define a defective product design. In order to prove a plaintiff’s claim you must explain: expectations and risk versus benefit.


  1. Expectation and risk is when the plaintiff argues that the product was not safe as one could reasonably expect. Reasonable is the key word here. For example, if a product is not created to go into water and it does — the design is not at fault– what made the product defective is the plaintiff’s actions. The court takes all into consideration: the plaintiff’s injuries, how the plaintiff used the product, and the product’s design.
  2. The second test assesses the risks versus benefits of product design. This test allows the defendant to prove the product’s designs benefits are greater than the risks. The defendant’s arguments can be varied because each design has their own unique risks and benefits.


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