Product Defects

san diego efective product.jpegWhen you buy a product, it should be safe when it's used as expected, or according to its directions. It shouldn't cause you harm. Unfortunately, defective products are made and placed in the stream of commerce all the time, causing injury and death to too many consumers. The consequences of defective products can be significant.

California law recognizes the harm that is caused by defective products. There is a well-developed body 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, whether it's the designer, the manufacturer, or the ultimate seller. 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, failure to warn, 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.

San Diego Injury Law Blog - Defective Products