Defective Products

How to Show Product Liability

 

Common Types of Product Defects

 

Who is Liable for Defective Products?

 

What Products Are Not Covered By California’s Strict Liability Law?

 

Liability for Food Products

 

Label Warnings

 

The Claim for Defective Products Only Applies to Physical Injuries

 

Statute of Limitations on Defective Products

 

 

A defective product is any product that is unreasonably dangerous when used for its intended purpose, without alteration or interference.

If you are injured due to what you believe is a product defect, you can file a claim against the manufacturer as long as you are held liable.

 

How to Show Product Liability

 

Show that the defect was there when the product was manufactured.
The manufacturer, vendor, or distributor intended the product to arrive unchanged.
Show that the product defect was the main cause of injury to the victim.

 

Common Types of Product Defects

 

Design flaws:

The product was initially designed poorly or not properly tested. This could mean that the entire product line is dangerous and faulty.

 

Manufacturing defects:

The design of the product is safe and correct, but when it was manufactured it was assembled incorrectly. This means that only the specific products with the problem will be defective.

 

Labeling defects:

If the product is not properly labeled to warn of hazards or show instructions on how to avoid injury.

 

Who is Liable for Defective Products?

 

California is a strict liability state, which means that it does not matter what efforts have been made to avoid the defect. The responsibility can still be attributed to “everyone who is directly in the marketing chain.” This includes manufacturers, wholesalers, distributors, and retailers.

 

What Products Are Not Covered By California’s Strict Liability Law?

 

All products and manufactured items are covered by California’s Strict Liability Law, except for inherently unsafe medical devices, prescription drugs, and common consumer products.

 

Liability for Food Products

 

Anything found in contaminated food that is natural for food preparation is not included in product liability. The only way this applies to contaminated food is if the substance in the food is foreign to the preparation of the food. It can be glass pieces or metal screws, etc.

 

Label Warnings

 

Label warnings do not necessarily avoid product liability. Some disclaimers are not enforced under product liability law. Seek the advice of an experienced attorney to find out if the disclaimer is legitimate.

 

The Claim for Defective Products Only Applies to Physical Injuries

 

You cannot claim anything other than physical injury caused by a defective product. To file a claim for economic or other loss, you will need to file a negligence claim.

 

Statute of Limitations on Defective Products

 

A product liability claim must be filed within two years of the accident. There may be exceptions depending on when the defect was actually found.