General Information you need to know about your California Products Liability (Defective Product) Cases
- If you have suffered an injury in the State of California due to a defective product, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
- If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
- If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have medical insurance)
- Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
GENERAL INFORMATION ABOUT CALIFORNIA PRODUCT LIABILITY (Defective Product) CASES
Every year many people are injured because of defective products. This area of Personal Injury is called Products Liability Law
Consumers are entitled to purchase products that are safe when used as designed, and that are not manufactured defectively.
Unfortunately, many people are often injured by popular products and devices they use every day that have some kind of defect or lack of warning label.
Some examples of Defective Products are Car seat belts and air bags that fail to properly operate; Car roofs that crush in an accident rather than protect the occupants of the car; Car gas tanks that catch fire or explode; Machinery as well as power tools that fail and cause injuries; Defective chairs and ladders that collapse when they shouldn’t; Household products that break or make you sick; toys with lead or with a defect that can harm children; equipment that when used causes personal injuries; medical prostheses and pharmaceutical drugs can be designed or manufactured with defects that pose dangers.
The list of potential defective products is almost infinite.
Sometimes, the failure of these products leads to significant personal injuries or death.
There are 3 main legal theories that are used by us California Product Liability Attorneys and Defective Product Lawyers to go after manufactures of dangerous products or anyone in the supply chain; they are: negligence, breach of warranty and strict liability.
Negligence in Californian Product Liability and Dangerous Products Cases
A negligence theory with respect to dangerous products goes after reasonableness of the defendant’s conduct. A manufacturer must exercise reasonable care in designing, manufacturing, examining and testing its products. Manufacturers and sellers must exercise reasonable care to warn of dangerous conditions. If a consumer is injured through the failure of the manufacturer or seller to exercise reasonable care in discharging the above responsibilities, they may be held liable under a negligence theory. One of the problems with using this theory is that we lawyers have to prove negligence.
Breach of Warranty in California Product Liability and Dangerous Products Cases
A products liability case can also be based on a breach of warranty. This type of liability is predicated upon contract law. In sales contracts there are sometime express warranties given with the product, along with implied warranties of merchantability and that the product is fit for the purpose in which it was produced.
Whenever these warranties are breached with respect to someone being injured by a defective product which is covered by such warranties, an injured party may recover damages caused from the breach of warranty. Disclaimers or exculpatory clauses (limitation of warranties) in many cases are included in sales contracts as well as on the fine print of labels and documents provided with the product. These warranties may limit most if not all express and implied warranties. A problem that Products Liability Lawyers and Defective Product Attorneys have using Warranty theory with respect to Products Liability and Dangerous Product cases are that breach of an express or implied warranty must be proven before liability can be established.
Strict Products Liability
As previously stated, the challenges using the above theories are that negligence can often be challenging to prove, and warranties are often excluded by disclaimers.
However, under strict products liability theory for defective products, it’s not necessary to show that the manufacturer or seller was negligent or breached a warranty in order to recover damages for personal injuries sustained using a defective product.
Strict liability in Products Liability and Defective Products cases does not require proof of fault with respect to the designer, manufacturer or seller.
In a strict liability case, the injured party need only show: 1) the product was defective, 2) the defect existed before the manufacturer releasing the product, and 3) the defect caused the victim’s damages.
The injured party may prove that a product is defective from any of three forms of product defects, these three forms or product liability defects are: design defects, manufacturing defects and “failure to warn” defects.
Design defects arise in the course of the product design phase, or before the product are manufactured. In this situation, every product of the model or type is usually defective. A product has a design defect if a foreseeable risk of harm could have been reduced or eliminated by utilizing another feasible design, and the failure to use this alternative design caused the product to be unsafe.
A manufacturing defect exists if there are mistakes or problems in the course of the production or manufacturing phase of a product. Many of the products of the same type which come off the assembly line may be safe, but other products come off the exact same assembly line with a defect. The manufacturer may be held liable for failing to detect the defect prior to the product reaching the consumer.
Failure to Warn
The third kind of case is a defect that is caused by way of a failure to warn of a product danger. These cases typically involve a product that could be safe when used in one way, but dangerous if used in a different foreseeable manner. In these types of situations, the product ought to include clear, observable, and succinct warnings explaining the actual danger and its particular consequences. If the product lacks a reasonable warning, the product is defective.
Everyone in the Supply Chain is liable for a Product Defect pursuant to California Law
What to do if you are a victim of a Defective Product in California
If You Were Injured by a Defective Product or someone close to you has been injured by a defective product, you should keep the product and any packaging, instructions, and labels that came with the product.
These items are important in proving your case. California Products Liability and Defective product cases can be very complex and expensive to prosecute.
You should select a law firm like ours who had the expertise and resources to competently handle your California Products Liability and Defective Product Case.
If you or a loved one has been injured by what you think is or maybe a defective product, it is important that you retain a competent lawyer and law firm such as ours as soon as possible after the injury. We have the experience, skills, and resources to get you what you are entitled to in these types of cases. For a free consultation call us at 800-816-1529 x. 1.