Products liability is a type of personal injury claim someone may claim against the manufacturers and sellers of dangerous products and defective products. These types of injury claims were created because prior to this type of lawsuit, consumers who were injured by products were unable to recover compensation for their injuries. Under California product liability law, the manufacturer, the seller, or any retailer in the chain of selling the defective product that causes physical injury may be held responsible. Therefore, if you were injured by a dangerous and / or defective product purchased in California – you may hire a Carlsbad products liability lawyer who will seek to recover monetary compensation from the parties responsible, who may include:
In determining whether you have a products liability case, the dangerous or defective product must not meet the ordinary expectations of a reasonable consumer. When the product is inherently dangerous or has a defect, the product is incapable of satisfying the ordinary expectations of a reasonable consumer.
California Products Liability Law
As with many other California personal injury claims, products liability is a law created by California – and there is no federal products liability law. These product liability laws stem from the legal theories of breach of warranty, negligence, and strict liability.
Types of Carlsbad, San Diego Product Defects
There are three types of potential product defects which may result in a lawsuit against the responsible parties. The first type of product defect is a design defect. A design defect is some inherent design defect which makes the product unreasonably dangerous which is contained in all of products manufactured.
The second type of product defect is a manufacturing defect. A manufacturing defect occurs when the manufactured product fails to comply with the designer’s or the manufacturer’s design specifications. Therefore, a manufacturing defect results in a dangerous or defective product which has or is missing components which makes it different than all other products which are created by that manufacturer. Since you may compare this product to any other product off of the the assembly line – these types of Carlsbad, San Diego defective product cases are the easiest to prove. The last type of potential product defect is a marketing defect. A marketing defect occurs when the product is improperly labeled or if the manufacturer fails to provide adequate instructions or warnings to warn a consumer of hidden dangers of the product.
Contact our Carlsbad, San Diego product liability lawyer at 760-438-5291 to discuss your personal injury.