Product Liability For Defective Medical Devices Law Suits In California

Product Liability Law in California

If you or a family member has been injured or even killed by a defective product—such as a dangerous drug or defective medical device—you may be able to recover financial compensation for your damages as a result in a personal injury lawsuit. This type of lawsuit is referred to as a product liability case.

Under California law, some products liability cases can fall under a theory called “strict liability,” where unlike other personal injury cases such as car accidents and medical malpractice, the person bringing the lawsuit does not have to prove the other party was negligent. In strict liability cases, in other words, it is presumed that the manufacturer of a defective product is liable to you, and the court (or settlement negotiations) must only determine whether the defect caused your injuries and what amount of compensation you are to be paid.

As you may imagine, strict liability cases can be difficult to prove. California products liability law states that there are only three types of defective product cases which qualify:

• Design defect: This applies when a product is designed in such a way that it is unreasonably dangerous to those who use it in the manner it is intended. An example of this is a ladder which is designed in such a way that it will collapse easily.
• Manufacturing defect: This applies when a product is not defective in its design, but a flaw in the manufacturing causes it to be unreasonably dangerous to those who use it. An example of this is a ladder that is well-designed, but accidently built out of a type of weak metal that causes it to collapse easily.
• Warning defect: This applies when a product’s packaging does not adequately warn users of potential dangers inherent in the product. An example of this is a ladder that while well-designed and manufactured, does not have a sufficient warning to prevent someone standing on the top step of the ladder, which in turn causes it to tip over.

These concepts apply to a wide range of products sold all over the state of California, including pharmaceuticals and everyday products your family uses. If you or a loved one has been injured as the result of a defective product, we urge you to take immediate action to learn more about the possibility of a California products liability lawsuit. To contact the experienced Sacramento and Folsom defective product lawyers of the Tiemann Law Firm, call 916-941-7300 or 916-999-9000 or fill out the form on our contact page to schedule a free consultation at one of our conveniently-located office locations in your neighborhood: 2386 Fair Oaks Blvd., Sacramento, CA and 620 Coolidge Dr #165, Folsom, CA.