When you buy a product you should be able to expect that it is safe and not capable of causing you harm. Unfortunately, defective products are made and placed on shelves all the time, waiting to cause harm to unsuspecting consumers. Many residents have found themselves or a family member hurt by a product even when they used the item just as designed. The consequences of defective products can be significant. Poorly made ladders can cause serious falls, defective seat belts can lead to deadly accidents, and countless other products have the potential to seriously harm residents when they are not properly made or maintained.

California law recognizes the harm that is caused by defective products. There is a well-developed system of product liability law that allows victims of dangerous products to recover for their losses from those who put the product on the market and allowed the harm to occur. Victims can seek accountability from those who designed the product, manufactured it, and supplied it. Products liability law is a complex area, and when a victim of this harm seeks legal help the attorney may pursue a variety of legal theories depending on the circumstances of the case. Those possible legal options include negligence, breach of warranty, and strict liability.

Under a negligence theory the legal rules are similar to those in most other personal injury cases. In other words, a court will look to the reasonableness of the conduct of those who made the product, designed it, or sold it. If one of those entities failed to act reasonably, then the victim could recover. However, an individual can recover even if no unreasonableness if found. Instead, a breach of warranty theory may be involved, which is based on contract law. Anytime a product is bought there are express and implied warranties that apply to the situation. The accident may have violated one of those warranties and therefore result in recovery for the victim. Perhaps the most common way that a victim hurt by a product seeks recovery is under a strict liability theory. In these cases, the victim need not prove that another party actually did something wrong. Instead, the consumer must only show that the product was defective, that the defect existed prior to the release of the product, and that the defect caused the injury. In general there are three different types of defects: design defects, manufacturing defects, and failure to warn defects.

It is important to keep the product, packaging, labels, and instructions related to the product if your are hurt by an object. Also, statutes of limitations rules apply to these situations, so you may lose your ability to file suit if you wait too long. If you or a loved one has been hurt by a product in our area make sure that you get in touch with a North County product liability lawyer in a timely fashion. Our injury attorney at the Walton Law Firm can guide you through all the options when it comes to getting the compensation that you deserve for your injury. Please learn how we can help by contacting our office. We can be reached by phone at (855) 607-1325 or (760) 571-5500 or at any time via our online contact form.