PRODUCTS LIABILITY CLAIMS YOU NEED TO KNOW ABOUT
Posted on Monday, August 17th, 2020 at 11:28 pm
When you purchase a product, you expect the product to perform as expected. You do not expect the product to harm you or a family member. However, that is what happens to thousands of individuals each year. Defective products can cause traumatic injuries and fatalities each year. A products liability claim can help you recover compensation for injuries and damage caused by a defective product.
Three Types of Products Liability Claims
Any product has the potential for being defective and causing injuries. Examples of defective products include, but are not limited to:
- Medical devices
- Children’s toys
- Motor vehicles and automotive parts
- Small appliances and tools
- Recreational equipment
- Electronic cigarettes and vapes
- Airbags and seat belts
A products liability lawyer in Sacramento can investigate the cause of your injury to determine which type of products liability claim applies in your case. The type of claim can impact the course of the case and who is liable for your injuries and losses.
The products liability claims most commonly filed are:
1. Design Defects
A product can be dangerous because of an inherent design flaw. In cases involving design defects, you must prove that the entire product line is defective. Also, the court weighs whether the benefits of the design outweigh the risk of danger when deciding if a product was inherently flawed in its design.
2. Manufacturing Defects
A defect can occur during the manufacturing process that makes a product hazardous to use. For example, a manufacturer changes the design specifications to decrease the cost of production. However, the change in the design specifications results in a defect that can injure the user. Sometimes manufacturer defects occur because the manufacturer fails to supervise production adequately or has inadequate quality control measures.
3. Failure to Provide Adequate Warnings
In some cases, a product is defective because the manufacturer, seller, or distributor fails to provide adequate warnings and instructions for use. Some products have inherent dangers because of the product. Therefore, the products must have adequate warnings and instructions for use that reduce the risk of harm to consumers.
Additionally, the law requires that manufacturers consider potential ways that an ordinary person might misuse the product and warn of the dangers and consequences of misusing the produce.
Legal Elements of a Products Liability Claim in California
Every personal injury claim requires the victim to prove various legal elements. The basic legal elements of a products liability claim are:
- The product was designed, manufactured, or distributed by the defendant.
- The product was dangerous in its design, manufacture, or the instructions and warnings for use.
- You used the product as it was intended to be used.
- You sustained injuries and damages because of the use of the product.
Depending on the type of products liability claim and whether you are alleging strict liability or negligence, there could be other steps required to prove that the defendant is liable for your damages.
Statute of Limitations for Filing Product Liability Lawsuits
In most cases, you have two years from the date of injury to file a products liability claim under California’s Statute of Limitations. If you do not file a lawsuit by the deadline imposed by law, you lose your right to pursue a claim in court. The defendant can use the statute of limitations as a defense to your claim.
Because there are exceptions to statutes of limitations, it is always best to talk to a California product liability lawyer as soon as possible after an injury.
Contact a Sacramento Products Liability Lawyer for a Free Case Review
You may be entitled to significant compensation if injured by a product. You could receive compensation for your medical bills, loss of income, physical pain, disfigurement, and emotional suffering. We can help you fight for the money you deserve if a defective product injured you or your child.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our products liability attorneys in California.