The products, tools, and devices we purchase and bring back to our homes can endanger us or our family members. They might have been designed or manufactured with a dangerous flaw. They may have been installed improperly to create a fire hazard or some other physical danger.
California allows people who are injured by defective products to file lawsuits and take manufacturers, retailers, and others to court. In court, victims can seek compensation for their injuries and recovery costs.
You may have been selected for jury duty in a trial involving product liability. You may be intimidated by this complex area of the law. But jurors have an online resource to help them prepare for their important roles in these cases. It’s called the California Civil Jury Instructions.
California Civil Jury Instructions for Jurors in Product Liability Trials
The California Civil Jury Instructions (CACI) is a document meant to help jurors prepare for their difficult responsibilities and decisions to come. The CACI is maintained and updated by The Judicial Council Advisory Committee of California.
Jurors can access the guide to help them understand their duties when hearing personal injury cases (civil cases) involving things like product liability, car accidents, premises liability, elder abuse, and other important issues.
Jurors will also find a preview of what they’ll experience during jury selection and a trial. You can find out more about what jurors can expect when taking part in the California civil trial here.
Product Liability Trial Information for California Jurors
Jurors in product liability cases will be responsible for determining if a business is accountable for the harm caused by a product. That will hinge on if there’s something wrong with the design or manufacturing of the product, or in the instructions/labeling provided with a product. Jurors may have to determine if several parties should be held liable for someone’s injury. The at-fault parties can include:
- The designers of a dangerous product.
- The manufacturers who make dangerous products.
- The distributors of a dangerous product.
- The retailers who sell dangerous products.
- The installers who improperly install a product in a home.
The California Civil Jury Instructions cover many of the important concepts in product liability so that jurors won’t go into a trial unaware of what they’ll be asked to consider.
The basic concepts of product liability law fall under a “duty of care.” Those involved in the making and selling of tools, appliances, and other devices are legally obligated to do everything possible to protect their customers. When they are negligent in this duty and allow unsafe products to be distributed, they can be held fully liable for the injuries their products cause.
CACI Section 1200.
“A [designer/manufacturer/supplier/installer/repairer] is negligent if [he/she/nonbinary pronoun/it] fails to use the amount of care in [designing/manufacturing/inspecting/installing/repairing] the product that a reasonably careful [designer/manufacturer/supplier/installer/ repairer]would use in similar circumstances to avoid exposing others to a foreseeable risk of harm.”
The CACI explains that one of the following must be proven before a juror could take action to award a victim compensation:
- The product contained a manufacturing defect; or
- was defectively designed; or
- did not include sufficient instructions or warning of potential safety hazards.
Evidence of Manufacturing Defects in Product Liability Cases
Jurors will need to listen carefully to the evidence presented by the plaintiff’s (victims) Product Liability Lawyer(s) and by the defendant’s lawyers.
When lawyers are trying to establish that a manufacturing defect caused harm to their clients, they’ll have to prove these factors were present:
Section 1201.
“[Name of plaintiff] claims that the [product] contained a manufacturing defect. To establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] [manufactured/distributed/sold] the [product];
- That the [product] contained a manufacturing defect when it left [name of defendant]’s possession;
- That [name of plaintiff] was harmed; and
- That the [product]’s defect was a substantial factor in causing
- [name of plaintiff]’s harm.”
Evidence of Design Defects in Product Liability Cases
Jurors could also be confronted with evidence that a product was made by the manufacturer according to specifications, but the design of the product was the problem.
These elements would have to be present in the plaintiff’s case:
Section 1203
“[Name of plaintiff] claims the [product]’s design was defective because the
[product] did not perform as safely as an ordinary consumer would have
expected it to perform. To establish this claim, [name of plaintiff] must
prove all of the following:
- That [name of defendant] [manufactured/distributed/sold] the [product];
- That the [product] did not perform as safely as an ordinary consumer would have expected it to perform when used or
- misused in an intended or reasonably foreseeable way;
- That [name of plaintiff] was harmed; and
- That the [product]’s failure to perform safely was a substantial factor in causing [name of plaintiff]’s harm.”
Evidence of Failure to Warn in a Product Liability Case
Jurors in a case involving a “failure to warn” accusation may have to consider some complex scientific and medical data.
Failure to warn means that a manufacturer or retailer failed in their duty to warn consumers of known risks with their product. The CACI details the evidence jurors will need in order to hold a company liable for a defective product.
California defective product lawyers would need to show the following in order to convince a jury that a hazardous product should have come with a warning label:
Section 1205
[Name of plaintiff] claims that the [product] lacked sufficient [instructions]
[or] [warning of potential [risks/side effects/allergic reactions]]. To
establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] [manufactured/distributed/sold] the [product];
- That the [product] had potential [risks/side effects/allergic reactions] that were [known/ [or] knowable in light of the [scientific/ [and] medical] knowledge that was generally accepted in the scientific community] at the time of [manufacture/distribution/sale];
- That the potential [risks/side effects/allergic reactions] presented a substantial danger when the [product] is used or misused in an intended or reasonably foreseeable way;
- That ordinary consumers would not have recognized the potential [risks/side effects/allergic reactions];
- That [name of defendant] failed to adequately warn [or instruct] of the potential [risks/side effects/allergic reactions];
- That [name of plaintiff] was harmed; and
- That the lack of sufficient [instructions] [or] [warnings] was a substantial factor in causing [name of plaintiff]’s harm. [The warning must be given to the prescribing physician and must include the potential risks, side effects, or allergic reactions that may follow the foreseeable use of the product. [Name of defendant] had a continuing duty to warn physicians as long as the product was in use.]”
Contact a California Product Liability Lawyer
If you or a loved one are the victims of a defective product in your home, you should know that most injury claims don’t require a trip to court. The majority of cases are settled out of court, but that doesn’t mean you can trust corporations and insurance companies to always do the right thing.
It’s often necessary for a California Personal Injury Lawyer to collect evidence and prepare a strong case to protect your interests. A skilled lawyer negotiates on your behalf to make sure insurance adjusters don’t rob you of the compensation you need to fully recover.
Allow an attorney with Maison Law to fight for you and your family to get the most out of your injury claim. Contact us for a free consultation on your case to learn about your options.
There’s no obligation, but if you decide we can help you maximize your defective product settlement check, you won’t need any money to hire us. We don’t get paid unless we win your case for you, and then our fee comes out of the settlement you receive.
