Consumer spending accounts for more than two-thirds of the US economy. With such huge demand and supply, there’s a need to protect the consumer from fraud or negligence of the manufacturer or designer of the product.
Product Liability, or liability of the manufacturer for their product, is a leading cause of thousands of lawsuits filed in California every year. Millions of people in the US alone are victims of accidents caused by defective products. Product liability seeks to punish manufacturers for any faulty product design that puts the consumer in danger. If a customer is injured in any sense from a faulty product, they have the right to adequate compensation from the maker of the product.
The buyer-seller relationship is based on trust, where consumers purchase products they consider safe to use. So, if the normal usage of the product leads to any injury to the user, they have the right to seek fair monetary compensation from the manufacturers. If you’ve required medical attention due to the use of a product, you can sue under a product liability claim for your injury.
What is a Defective Product?
Three primary elements constitute a defective product, as recognized by the law. They are:
- Design Error
Products that have a faulty design make it unsafe or dangerous to use.
- Manufacturing Error
Products that are manufactured incorrectly or with low-quality materials.
- Marketing Error
Products advertised or labeled incorrectly without proper warning or instructions for safe usage.
Proving a Product Liability Claim
Various factors have to be satisfied to bring a successful product liability claim lawsuit to trial. They are:
- An injured person who’s sustained a personal injury or loss
- The injury was caused by a product
- The product in question was defective, and
- The product was in normal usage.
Only when all these criteria are fulfilled can a product liability lawsuit be claimed in court. An experienced trial attorney well-versed in product liability claims can help you get the loss you’ve sustained due to a defective product. Your claim can cover medical bills, lost wages, and other types of emotional harm which require rehabilitation.
Contact Niral Patel to review your claim and your injury case rights.
Which Products are Covered under Product Liability
Product liability can be claimed for any commercially sold product in the US. This applies to FMCG, or fast-moving consumer goods and industrial goods. From the keys to your door to the car in your lawn, any product that causes injury in normal usage can be used to claim compensation under the law.
Common examples include:
- Industrial Machines, Tools, and Equipment
- Robots and Machines
- Aviation vehicles and devices
- Two-wheeler Bikes and Scooters
- Farm Equipment
- Electronic Equipment
- Household Appliances
All these products and many more are subject to the product liability law, which makes the product creators monetarily liable for any injury to an individual or their family.
Product Liability in California
Several products are potentially dangerous, but the consumer remains unsuspecting unless the threat is made clear to them by the makers of the product or regulatory agencies. Sometimes, they may come to know about a defective product when it causes harm to one of their loved ones.
Product liability in California exists to protect consumers from dangerous products that can cause them harm, making the manufacturers and other parties liable for the damages.
If you’ve suffered due to a defective product, you have the right to claim for:
- Medical Expenses
- Loss of Income
- Future Damages
- Pain and Suffering
- Other Monetary and Non-Monetary Losses
In California, product liability brings manufacturers, distributors, and retailers to bear the responsibility of faulty and defective products. Thus, every product has to go through a series of checks and inspections to ensure that they aren’t going to harm the consumer in any way when it’s used for its intended purpose. The law further requires that these parties pay for the economic loss suffered by the consumer due to the product.
Product liability lawsuits differ as per the facts of the case. In some instances, proving that a product is defective is quite straightforward, especially when the product has seen government or manufacturer intervention (such as calling back a car model due to its faulty mechanism). However, there are other instances where the product hasn’t yet caused any injury or when the end-users haven’t been made aware of the product’s potential dangers. In such cases, the burden of proving that the product is defective along with any liability on the manufacturers falls on to the plaintiff.
If you think that a product is potentially dangerous and can harm consumers during its regular usage, consult product liability attorneys at Niral Patel law firm to discuss your case.
In California, you can pursue economic compensation under product liability claims in one of the three ways:
Negligence requires the plaintiff to prove that the manufacturer, distributor, or any other entity involved in the creation or distribution of the product was negligent in designing, manufacturing, distributing, inspecting, renting, or repairing a product, thus causing a defect.
- Strict Liability
Strict liability comes from Tortious law, which makes manufacturers, distributors, and other entities involved in the creation and distribution of the product liable for injuries caused by the product. Strict liability doesn’t require the plaintiff to prove negligence on the defendant’s part.
- Breach of Warranty
Breach of warranty can be claimed in court whenever a product fails to fulfill its intended purpose, whether expressly or impliedly.
Proven Product Liability Attorneys in California
Niral Patel attorneys have decades of experience behind them in product liability litigations in the state of California, serving numerous clients and helping them receive fair compensation due to defective commercial goods.
Our personal injury lawyers are well-versed with the law and have taken numerous manufacturers, distributors, and other parties to trial for a flaw in their product. Personal injury from a defective product can involve complex facts where it’s not easy to determine the liability of a single entity.
We understand California’s product liability law inside out, with proper investigations in finding evidence that will help victims of dangerous products to get adequate compensation for their loss.
Contact us today to discuss your case; we’ll be happy to serve justice to you and your loved ones.