A defective product can cause an injury or damage to a person or the person’s property because of some defects in the product, the labeling, or the way the product was used. The manufacturer and others who are involved in the distribution, sales, and marketing of the product can be held liable. In addition, defective products also include a wide range of products such as motorized vehicles, toys, drugs and medical devices, household products, and other products that have been defectively manufactured, designed, or labeled. And under the product liability in California law, individuals and companies responsible for making the product available to the consumers are responsible when the products cause harm. Essentially, the law means that the consumers who are harmed by defective products can be compensated.

Defective Product as the Cause of Injury

Defective Product

Defective products can be the cause of serious personal injuries, even death. There are also various ways that product liability (when the defective product is the cause of the injury) occurs. The first one is when the product could have been defectively designed, This could mean that it was rushed to the market without being properly analyzed for potential problems. As a result, it did not work in a way that it’s intended to, which then resulted to harm. The second form of product liability is when the product is safe, but there are improper instructions regarding the use of the product, or inadequate warnings about the risks And the third one is when an injury happened with products that are inherently unsafe, but were put in the hands of the consumers. In this case, even when there is proper design, manufacturing, or labeling, the product could still cause the injury because of its nature. And in this case, the consumer can file a product liability lawsuit when they incurred harm because of the product.

Defective Product Liability

There are four legal means involved in establishing liability cases where a defective product caused the injury.

1. Negligence happens when expected, failure to take reasonable care, and existence of legal responsibility. The lack of care can either be on purpose or accidental.
2. Breach of warranty happens when a seller fails to uphold a promise or claim about a product.
3. False advertising which leads consumers to believe that a product is safer than it really is, or distracts them from the potential risks that are inherent in the use of a product. This can be argued as misinterpretations under strict liability or breach of warranty.
4. Strict liability makes the seller of the manufacturer of a defective product responsible for the injuries. The victim needs to show that the product was defective and such defect caused the injury. When this is proven, strict liability will hold the manufacturer/seller responsible, regardless of intent or fault.

Product Liability Lawyer

A product liability lawyer will evaluate the case that involves defective consumer goods that cause injuries, such as fractures, burns, head injuries, and blindness. A lawsuit can be brought against the manufacturer for the design defects, manufacturing defects, improper safety devices, and marketing defects.

Leave a Reply