What Is A California Defective Product Liability Claim?
Posted on Friday, March 18th, 2016 at 11:18 pm
When you purchase a product, you expect that product to be safe for its intended use. You expect that you can use this product according to the manufacturer’s instructions without harm. This is not always the case. Some manufacturers know about defects that can potentially harm consumers and do nothing about it.
It is alleged that Remington knew about the defect that resulted in the death and injury of several consumer but did not recall the rifles or warn the public. Other examples include the ignition issues that GM knew about for 10 years before issuing a recall and Toyota’s efforts to hide a flawed accelerators.
Some companies may issue a recall notice as soon as the defect is discovered. Unfortunately, people may have suffered injury before the recall notice was issued.
Examples of recent recall notices include:
- BYA Sports recalled the Skyline Backyard Zipline Kit due to a fall hazard
- Anchor Industries recalled their safety pool covers due to a drowning risk
- Z Gallerie recalled wall clocks due to a fire hazard
What Do I Do If I Have Been Injured By A Product?
If a product is unsafe and causes harm, you may have a defective product liability claim. You may be entitled to file a lawsuit to force the at-fault party to compensate you for your damages. You must be able to prove that the party had a duty to you (i.e. to provide a product that was safe for use); the party failed in that obligation; and, you suffered some type of harm (i.e. physical injury, loss of income, etc.).
Product liability claims can be filed for a variety of reasons including:
- The product caused injury even though the consumer was using the product in the manner intended and as instructed by the manufacturer.
- There was a design defect that caused the product to malfunction and injury consumers.
- The manufacturer failed to warn consumers of potential risks of harm from using the product.
- The designer, manufacturer, distributor, or other party was negligent in some manner.
- The manufacturer breached and implied or express warranty.
The party or parties you sue in a product liability case is determined by the type of defect. If the defect occurred in the design, you may sue the original designer; however, if the manufacturer altered the design, the manufacturer may be liable. In some cases, the distributor and even the seller can be held liable. Your product liability attorney will investigate the matter to identify the responsible parties to name in the product liability lawsuit. It is important to name all parties responsible for your injuries to maximize your chance of receiving a fair and just settlement. An experienced product liability attorney understands the importance of a thorough and complete investigation.
Contact a Sacramento Defective Product Attorney
The product liability attorneys of Tiemann Law Firm offer free legal consultations so that you can get answers to all of your questions about filing a defective product lawsuit. Contact us online, call our toll free number (916) 999-9000, or chat with a representative on our website.