Defective products have long been seen as possible risks to the general public’s safety in the world of consumerism. Consumers have the right to believe that any product they buy is safe when used according to the manufacturer’s instructions. However, there are several instances in which dangers exist and people are harmed as a result of a product defect.
Before you or a loved one has been injured because of a dangerous or defective product, you need to read this.
What is Product Liability?
Product liability is when a producer/manufacturer of the product or seller is held liable – or responsible – for putting a harmful or defective product in the hands of consumers. Since there is no federal product liability statute, each state has its own collection of consumer rights that cover manufacturer and seller negligence, strict liability, and breach of contract.
Can You Bring a Product Liability Case in California?
You could be considering filing a lawsuit if you have been hurt or got ill by a defective product. Consumers who have been injured by dangerous products will file a product liability lawsuit to seek compensation for their injuries and other damages. A consumer may be entitled to recover the following damages by filing a product liability lawsuit:
Medical expenses. The cost of treating injuries or illnesses caused by a faulty product can be extremely expensive. Medicines, therapies, surgeries and visits all pile up the costs. If you have received hospital bills or medical treatment as a result of an accident caused by a defective product, you must consult a product liability lawyer as soon as possible to recover medical expenses.
Pain and Suffering. A product-related accident can cause extreme pain and prolonged suffering. By filing a product liability lawsuit, you may be able to recover an award for damages that takes into account any pain and suffering that you endured.
Other losses. A defective product accident can result in excruciating pain and a long period of suffering. If you file a product liability lawsuit, you will be entitled to receive a compensation for damages that includes your pain and suffering.
Establishing Liability in Product Liability Cases
Companies may be held strictly liable for accidents caused by a faulty product under California state law. In certain instances, proving that you were injured as a result of the use of a product is difficult. You must go a step further to show that the product was defectively built or made, or that the warnings and instructions were inadequately labelled.
To hold a company responsible for a defective product, you must prove the following elements under California’s product liability laws:
1. The defendant made, designed, or sold the product;
2. The product was unreasonably unsafe due to poor production, a faulty design, or insufficient warnings;
3. You used the product in a foreseeable, reasonable manner; and
4. You incurred actual damage as a result of using the product.
Some of the list of common defective products include:
• Automotive parts
• Industrial machinery
• Medical instruments
• Safety equipment
• Tires / seatbelts
Deadline to bring a California Product Liability case
Product liability cases in California have a two-year statute of limitations (California Code of Civil Procedure 335.1). A product liability lawsuit must be filed within two years of the date of the plaintiff’s injury. If no claim is made before the deadline passes, then the case will clearly be dismissed by the court.
Consult with a California Product Liability Attorney
If you or someone you know was injured by a product that was defective or which contained inadequate warnings, you must consult with an experienced Product Liability Attorney. You can speak to one of our product liability attorneys at Ghozland Law Firm today.