Product Liability
Thousands of people get hurt every year because of faulty, dangerous products. Even with all the consumer protections in place, there are still businesses that cut corners or that just fail to exercise due care. Some of the most common product liability claims include but are not limited to the following:
- Defective product or faulty service,
- Food or beverage injuries,
- Unsafe drugs or medical products,
- Hazardous or toxic materials, and
- Asbestos & mesothelioma cases
If you or a loved one have been injured because of a defective product, you may be able to recover for your injuries, including all your resulting expenses.
Product Liability Law
Most product liability laws are based on what is called strict liability. That basically means that a manufacturer is responsible for any injuries caused by its products, whether or not the business intended to harm anyone. With a regular civil case, the person bringing a lawsuit must prove that the defendant was negligent, grossly negligent, reckless, or maybe even intended to cause harm. However, the plaintiff in a product liability lawsuit must only prove that there was injury and that
- the product or good contained a manufacturing defect,
- or it was defectively designed,
- or there weren’t appropriate instructions or warnings regarding the potential hazards of the product – if any – were inadequate. Someone responsible for creating or selling a product must provide reasonable warnings even about uses the product isn’t intended for if it was possible to see that someone might use the product that way.
Every manufacturer is strictly liable and legally accountable for any damages or injuries caused by its products, a policy designed to encourage businesses to be careful when creating goods that will be distributed among the public. You don’t necessarily have to prove the defendant actually did anything wrong. You only need to prove these four elements:
- The defendant was the one who designed, manufactured, distributed, or sold the product — meaning that the person responsible could be at any point during the supply chain.
- The product had a defect when it left the defendant’s possession.
- The plaintiff used the product in a reasonably foreseeable manner, meaning that a person of average intelligence could have anticipated the use.
- The plaintiff suffered harm because of the defect.
Other Important California Product Liability Laws
One of the most important factors if you are considering a lawsuit is that there are timelines (called Statute of Limitations) you will have to adhere to or risk losing your claim entirely. In California, you have up to two years to pursue a product liability claim that caused injury, but you have up to three years to pursue a claim that causes physical damage. The clock usually starts ticking as soon as the damages arise, so if you are even considering whether you should file a claim, you should consult a product liability attorney as soon as possible.
Another important thing to consider is that your award may be limited based on your own fault in the incident. That doesn’t necessarily mean that the manufacturer will not have to pay anything, but according to the pure comparative fault standard, they will only have to pay for their part. So if a jury finds, for instance, that the damages were $500,000 but you were 10% at fault, the manufacturer will only be required to pay you 90% of the claim or $450,000. Under the California economic loss rule, you will not be able to recover if the only damages you are claiming are economic, such as lost wages.
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Defenses the Manufacturer May Try to Use
It is vital when pursuing a personal injury or damage claim because of a defective product to identify the correct cause of the injuries or damage and the entity responsible for the product. These are some of the defenses most commonly used:
- There were no injuries or damages.
- The defendant was not the one who designed, manufactured, prepared, or sold the product.
- The product was not actually defective; or, the product was not defective at the time it left the possession of the defendant.
- Someone else intervened after the time the product left the defendant’s possession and altered the product.
- The plaintiff used the product in a way that was not “imminently foreseeable,” so the product was not defective for its foreseeable purpose.
- Something else caused the injuries/damages.
- The plaintiff’s own negligence was the cause of the injuries/damages.
Claiming Your Damages
As with other personal injury kinds of cases, you may be able to recover all of the losses associated with your claim. Products liability damages may include both economic and non-economic damages, such as payment of your medical bills, pain and suffering, lost wages, and any other expenses incurred because of the defendant’s negligence. In some rare cases, such as when the plaintiff can prove real recklessness on the part of the manufacturer, you may even be able to collect punitive damages.
If you or a loved one have been injured because of a defective product, keep all of your evidence, including any packaging, receipts, or instructions that came with the product. Legal Passkey, our Lawyer Referral Service, is located in Los Angeles, California. We can help you hire a product liability lawyer that is best suited to your individual needs so you can get the justice you deserve. Call today at no obligation so you can set up your free consultation.
