Each year thousands of people suffer injuries because of defective products. While harm from defective products might not initially strike some as a serious matter, they can cause a wide array of painful and debilitating injuries. Accordingly, California has enacted strict laws to protect the public from the dangers that might arise from the negligence of manufacturers or other mistakes made during the creation, distribution, sale, and use of a product.
Common examples of products that might possess defects include firearms, clothing, machinery, tools, and household chemicals. Other common examples are automobile defects which can include faulty brakes, airbag failures, tire blowouts, and shattering windshields. All of these examples illustrate how defective products have the potential to cause a great amount of harm to an unknowing consumer. Fortunately, an experienced attorney can help you navigate these various scenarios and hold the manufacturer accountable.
In California, to file a valid claim, one must prove that the product in question is defective. However, the product might be defective from a handful of different legal standards. For one, if the product was designed in a way that could be dangerous or cause harm to the public it could be defective, or the defect might have been caused during the manufacturing process. Similarly, wrong labels and inadequate warnings or instructions can also constitute product defects. All the different potential defects should be considered when filing your claim since they can drastically impact the outcome of your case.
We focus on examining each case from every angle to ensure that victims of product defect injuries receive ample compensation.
According to California’s “strict product liability laws,” the plaintiff must prove that the product was defective in one of the following three ways:
A manufacturing defect occurs when the product in question deviates from the manufacturer’s design and/or specifications, or when the product differs from other units from the same product line. This is different than a design defect, which occurs when a product is designed to the right specifications but the specifications themselves are inherently unsafe and liable to cause some form of danger or harm to the consumer. Lastly, a company or manufacturer’s failure to provide an adequate warning for a potentially hazardous product can also constitute a defect under California’s strict liability laws.
While a plaintiff must prove one of these three conditions, there are also a variety of defenses that a manufacturer can employ against a potential claim. The most common defense is that the consumer attempted to use the product in an improper or unreasonable fashion. That is, a plaintiff can only successfully seek damages if they had been using the product for its intended purposes, or in a “reasonably foreseeable” manner. If the consumer tried to use the product contrary to its proposed purpose or use, then the plaintiff may not be entitled to compensation.
All the different aspects of a product defect lawsuit can be confusing and intimidating, which is why it is important to have an experienced attorney to help you fight for the best possible outcome. No matter how severe the injury or circumstance, we are here to help.
If you or someone you know has suffered injuries due to a defective product, please call for a free consultation at 1 (888) 350 9338.