Every single day, we use various products to navigate our lives. From our phones to our cars – so many products are designed to make our lives easier, safer, and better. However, defective, and dangerous products make it onto the market and end up in the hands of unsuspecting consumers, which can cause serious injuries and even deaths.
In California, a manufacturer, and those in the marketing chain, of a product can be liable for defective products. It’s important to understand what makes a product defective. Just because a product is dangerous does not necessarily mean it has a defect. Many items are inherently dangerous, but when the hazard can be easily mitigated, or the hazard is beyond the consumer’s expectation, it may be legally defective.
Product liability cases fall into three key categories, which include: design defects, manufacturing defects, and warning defects. By definition, a design defect is a flaw in the actual design of the product – making the product unreasonably unsafe for typical use. All products with that design will be faulty. On the other hand, a manufacturing defect occurs when the product has an acceptable design but was not manufactured correctly. For instance, a product that is missing parts or was contaminated during production could have a manufacturing defect. We’ve seen this frequently when key components are missing from the product assembly or when material failures occur. Finally, warning defects happen when products are missing critical consumer information, like instructions, safety warnings, and more.
To successfully prosecute a product liability claim, you must show that the product had a defect and the defect caused harm. In addition, you must be able to prove that you were using the product as it was intended when the injury took place. If you modified the product or were using it in some other way than it was intended, you could lose your right to get compensation for your damages.
Product liability cases are very complex and can be expensive to litigate. That’s where we can help. Our knowledgeable attorneys are well versed in the nuances involved in product liability cases and frequently take on some of the largest fortune 500 companies. Our work on past cases has led to product modifications that has left the world safer for all consumers. If you have been injured by a defective product, please call us to see if we can help.
We provide free consultations, work on a contingency fee basis, and advance all case costs.
