Product liability claims fall under the broad category of personal injury claims, but they are often quite complex and difficult to prove.
If you believe you were injured by a defective product, you need a California products liability attorney on your side. Contact the Law Offices of Pius Joseph now for a free consultation to find out more about your rights and options.
What Is Product Liability?
Product liability refers to the legal responsibilities of manufacturers, distributors, retailers, suppliers, and any other people who make a product available to the public.
In the event a product is defective and harms someone, those who are responsible for making the product available could be held accountable for the damages.
There are multiple categories that encompass product liability. Examples include:
Defectively Manufactured Products
One of the most common types of product liability claim involves something that was defectively manufactured. A product that has been defectively manufactured means it has some type of flaw or error that occurred at the factory where it was made, making it different from the intended design or expected norm for such a product. Sometimes it can be a single unit of a product that is defective, while other times, it involves multiple units or production runs of a product.
Defectively Designed Products
This category involves a flaw or defect in a product’s initial design that makes it dangerous. This is not something that arises from a problem or error in the manufacturing process, but it involves an entire product line. This defect occurs regardless of the manufacturing process which was done according to the required specifications.
Failure to Provide Necessary Instructions or Warnings
Another category of product liability claim involves the failure to provide adequate instructions or warnings about how to safely use the product. Claims that fall under failure to warn usually involve a product that has a dangerous element to it, but it’s not immediately obvious to the user, or the product requires special handling or diligence.
In order to prove a product was defective, you have to prove several elements. These include:
- The product was dangerous or defective.
- The product was defective when it left the defendant’s possession.
- Your use of the product was reasonably expected.
- There was an injury sustained.
- The cause of the injury was directly related to the use of the product and would not have happened but for the defective or dangerous characteristic.
California has a strict liability rule. This means you are not required to prove that the seller or manufacturer’s negligence in ensuring the product was safe and free of defects was the reason you were injured. Instead, you just need to show the elements above to be eligible for compensation.
While it may sound easy to pursue a product defect case, they are still extremely complex. You shouldn’t attempt to pursue a claim without the guidance of a California products liability attorney on your side.