Understanding Products Liability Cases in California
Product defects can cause serious injuries. When they do, the responsible party should be held accountable for all damages. Identifying liability and proving the defect that caused the harm can be difficult, as it often requires technical and scientific knowledge as well as legal skills.
At Garcia Preciado Law, we have the resources to provide thorough legal representation for product liability cases. Our product defect lawyers will take on these types of cases and the challenges that flow from them. Contact us online or at (661) 495-0084 to schedule a FREE consultation today. We can assess your case and lay out the best legal options available to you.
What Constitutes Products Liability?
Product liability is one part of tort law that holds companies accountable for a defective product when it causes harm to another person. The defect is often the result of negligence when designing, making, and selling a product. Most product liability claims, however, seek to hold the defendant company strictly liable. That way, the victim can recover compensation without proving that the defendant acted poorly.
3 Theories on Product Defects in California for Strict Liability
If your product defect case puts forth a strict liability claim (as opposed to or in addition to a negligence theory claim), then there are three specific theories under the strict liability umbrella that can be used.
1. Design Defects
Design defects involve a dangerous condition in the product that is the result of the design of the product.
2. Manufacturing Defects
Manufacturing defects occur when an error is made during the production of the product, and this error leads to dangerous differences between the design and the finished result.
3. Marketing Defects
Marketing defects occur when a company fails to warn users about a potential danger of using the product-even if the product was not used for its intended purpose, but the use was foreseeable.
A defendant will put forth defenses. Some of these defenses are common and so you should be aware of them. For example, a defendant of a marketing defect allegation may try to show that a reasonable consumer would not have gotten hurt. A defendant of a design defect allegation may argue that a feasible alternative product design was unavailable to mitigate the risk associated with the current product.
Who Can Be Held Liable in a Products Liability Case in California?
Parties that are often held accountable for defective products are manufacturers, wholesalers, and retailers.
Any company in the manufacturing and supply chain can be held liable in product defect cases. The key is determining what the defect is and connecting the defect with the injury. This also means that more than one party can be held liable. In fact, it is not a matter (and never is) of choosing one liable party over another party. If there are potentially multiple parties who can be held accountable, that increases your options (in most cases) of obtaining fair and just compensation.
At the beginning of the case, it is especially important to name all potential parties involved in the chain of distribution. Later, it may become clear that one party may not be liable, but if you fail to add them originally, you may miss an opportunity to collect.
Contact Garcia Preciado Law Today
Victims are entitled to compensation for injuries suffered because of a defective product. At Garcia Preciado Law, our products' liability attorneys in California have the skills you need to determine if you have a viable defective product case and, if so, to move that case forward. Call us at (661) 495-0084 or fill out our online contact form today for a FREE consultation to learn more about defective product liability and how to get your case started.