Practice Center Defective Products & California Strict Liability Laws
Learn here from personal injury claims attorneys and strict
liability lawyers in LA and California. Personal injury often
arises from the purchase of defective products that are dangerous.
Products liability is a subset of tort law that involves holding a
products manufacturer and anyone in the chain of commerce civilly
liable for harm caused by a negligently designed, manufactured, of
inadequately warned product. California law holds that negligent
manufacturers, sellers, re-sellers, re-manufacturers and dealers
can all be forced to pay for a defective or dangerous product that
caused harm to a consumer. Corporations which allow dangerous items
into the flow of commerce should be held legally liable for
injuries they cause.
Our experienced and knowledgeable defective products injury
claims attorneys and lawyers will counsel injured victims as to
their potential injury claims they may have as against a defective
or dangerous product manufacturer or seller. Our local lawyer can
assist injury victims in recovery of money damages they are
entitled to as a matter of tort law.
What is My Burden to Prove a Products Case?
In the not so distant past, victims of crummy products were not
allowed to sue a manufacturer of or seller of a harmful product in
commerce. This was called “caveat emptor” (“Buyer
beware”). But the law changed with the times. Now the burden
to prove a products case is that there was a product defect,
inadequate instructions, or warnings. You must still prove that the
product caused you harm when it was used for its intended purpose
as well. You may also only need to prove the manufacturer knew or
should have known the product would be used in such a way that
would cause harm. Examples include:
exploding airbags and exploding bottles.
Manufacturing defect is the most typical grounds for a products
liability civil claim. If one consumer’s car blows up in an
explosion, when it is started, it should be obvious that it has a
manufacturing defect. Alternatively, a defective design case could
show that since all cars of that model blow up when started, that
the design itself was the cause of injury. Either way, the injured
victim needs to prove there was a defect in the product when it was
entered into the stream of commerce and that the defect caused the
injuries to the consumer victim.
Strict Products Liability
Practically any product can be the subject of a products
liability claim. There are some products that hold a manufacturer
or user liable no matter how safe the product was designed, labeled
or manufactured. This is called strict products liability. A person
can be held strictly liable for dangerous and caustic chemicals, or
materials like gun powder, asbestos, and bug killer. Normally,
heavy equipment, tools and communication devices, like cell phones
are not matters for strict products liability. Sometimes medical
goods, and “lemon” automobiles are targeted in products liability
injury claims. Lately, tobacco cancers and even fast foods have
been in the news as products liability cases, as well as fraud type
claims for false and deceptive advertising.
As in other personal injury cases, if a products liability
accident claims victim proves his or her civil claim, he or she
will be entitled to money damages, which could include:
- Property damage
- Compensation for wrongful death
- Past, present and future medical bills
- Lost past and future wages
- Physical and mental pain and suffering
- Loss of consortium for loss of love and affection.
Conclusion
If you or a loved one was hurt as the result of a defective
product, or have questions about serious
personal injury claims, call our defective products injury
claims attorneys Los Angeles; Los Angeles personal injury
attorneys; Strict liability lawyers in LA before you lose
valuable money and waive the statute of limitations barring
recovery! Get justice and money damages now.
