|
|
PRODCUT LIABILITY ATTORNEY CALIFORNIA California Defective Product Lawyer
Product liability is the area of law involving the liability of designers, manufacturers, and
suppliers of products for injuries to purchasers, users, and bystanders caused by defects in
the products they market.
The purpose of products liability in California is to insure that the costs of injuries
resulting from defective products are borne by those who put the defective products on the
market rather than by the injured persons who are powerless to protect themselves. Theories
of liability on which a products liability action may be based include strict liability,
negligence, and breach of warranty.
There are several products manufactured today that can become dangerous. This is due to
improper design, poor manufacturing, or they do not contain the proper warnings of the
dangerous propensities of the product.
When manufacturers are faced with mounting production costs for their product, safety and
quality can be compromised. This causes some manufacturers to release their products into
the stream of commerce that are unreasonably unsafe for the public, either knowingly or
unknowingly.
Believe it or not, Government agencies cannot automatically "order" a product recall. Most
product recalls are done voluntarily by the manufacturers and suppliers. Government agencies
only intercede when the manufacturer fails to comply with the voluntary recall.
The Consumer Product Safety Commission protects the public from thousands of unsafe products
by publishing current comprehensive lists of recalled products. Responsible consumers should
check these lists from time to time to ensure their family's safety. Check www.cpsc.gov for more information.
Strict Liability In Products Cases
Strict product liability, now the law in nearly every state, allows an action against a manufacturer that sells any defective product resulting in injury to a buyer or anyone who uses it. If you are injured by a defective product, you do not need to prove that a manufacturer was negligent, but only that the product was defective. A strict liability action can be brought against the parties that designed, manufactured, sold or furnished the product. It is possible for plaintiffs to recover punitive damages in strict product liability actions, though such cases are relatively rare and usually deal with outrageous conduct. Punitive damages are money awards, which go beyond an award for other damages. Punitive damages are intended to set an example and punish wrongdoers for intentional and outrageous conduct with evil intent. Liability actions against manufacturers for products that injure consumers also may be based on negligence, a contractual breach of warranty or, sometimes, a manufacturer's intentional wrongful conduct.
Here are the three primary ways a product is defective:
(1) design - is a defect that arises from some aspect of the design or plan of the product that
makes the product unsafe.
(2) manufacture - results from a flaw in the manufacturing process that causes a product to
differ from the manufacturer's intended result or from other ostensibly identical units of the
same product line. That is, when a product comes off the assembly line in a substandard
condition it has incurred a manufacturing defect.
(3) failure to warn of dangerous propensities of the product - one may recover under strict
liability where an injury is caused by the manufacturer 's failure to provide the consumer
with conspicuous and appropriate warnings of the known or knowable dangers resulting from
foreseeable use of the product.
We look forward to meeting you and discussing your claim. The initial consultation with an
attorney is always free and we welcome the opportunity to speak to you even if you are
uncertain whether you have a valid claim. Please know that we appreciate very much the
trust you have placed in our firm.
Do you have a case involving a defective product? Fill out our online form and have an attorney
contact you about your case.
Please click here to go to our online form.
You may also check for and report unsafe products at www.safetyalerts.com.
Do you have a case involving california defective product? Fill out our online form and have an experienced california
defective product attorney contact you about your case.
Click here to go to our online california product liability case evaluation form.
If you or a loved one has been injured due to a defective product it is important to protect your legal rights.
Time is important, consult with an experienced california product liability attorney today!
Call California Defective Product Lawyer Toll-Free
1-866-494-6587
Free California Product Liability Case Evaluation
|