Product defects can cause serious injuries. When they do, the responsible party can be held accountable for the damages. Identifying liability and proving the defect caused the harm can be difficult as it sometimes requires technical and scientific knowledge.
The Law Office of Shawn Golshani | Shawn Gol Law, P.C., along with our team, we can help. Contact us at (310) 900-0809 to schedule a Free Case Evaluation.
What Constitutes Product Liability?
Product liability is one part of tort law that holds companies accountable for a defective product when it causes harm to another person. The defect is sometimes the result of negligence when designing, making, and selling a product. Product liability claims can show:
- The company acted negligently.
- There was a breach of warranty.
- The breach caused, in part at least, an injury.
- The injury resulted in monetary damages.
Some other product liability claims, however, seek to hold the defendant company strictly liable. That way, the victim can recover compensation without necessarily showing that the defendant acted poorly.
Theories on Product Defects in California for Strict Liability
If your product defect case puts forth a strict liability claim (as opposed to or in addition to a negligence theory claim), then there are three specific theories under the strict liability umbrella that can be used.
1. Design Defects
Design defects involve a dangerous condition in the product that is the result of the design of the product. examples of design defects include:
- A hernia mesh products where some devices were designed with material or in a wavy that caused erosion, migration, and perforation
- A baby chair where the poor design caused some newborns to suffocate when they fell asleep
- A treadmill where the design did not take into consideration a way to prevent children and pets from being pulled under the machine
2. Manufacturing Defects
Manufacturing defects occur when an error is made during the production of the product and this error leads to dangerous differences between the design and the finished result. Some examples include:
- Injections that failed to inject life-saving medicine
- Vehicles with faulty ignition switches that could shut off the engine while driving or disable power steering and brakes
- Silicone breast implants that could rupture
3. Failure To Warn
Marketing defects can occur when a company fails to warn users about a potential danger of using the product––even if the product was not used for its intended purpose but the use was foreseeable. Examples of marketing defects include:
- Vapes when it initially contained no warning about the product containing nicotine
- Surgical device to prevent blood clots, when they came onto the market without a warning to patients that the devices could migrate and penetrate the duodenum
- Herbicide, when it was released into the market without a warning that exposure could lead to Parkinson's Disease
A defendant may put forth defenses. Some of these defenses are common and so you should be aware of them. For example, a defendant of a marketing defect allegation may try to show that a reasonable consumer would not have gotten hurt. A defendant of a design defect allegation may argue that a feasible alternative product design was unavailable to mitigate the risk associated with the current product.
Who Can Be Held Liable in a Product Defect Case in California?
Parties that are often held accountable for defective products are manufacturers, wholesalers, or retailers.
- Manufacturers. These are companies––from a small company to a multinational corporation––There could also be multiple manufacturers, one for the defective part of the product and another for the defective product itself.
- Wholesalers. These are the middlemen between the makers and the retailers.
- Retailers. These are the ones who sell the product and/or advertise the product for sale.
As it is, different companies in the manufacturing and supply chain can be held liable in product defect cases. The key is determining what the defect is and connecting the defect with the injury. This also means that more than one party can be held liable.
Things to Know about Product Defects Cases in California
Product liability cases arise when a product causes harm to a consumer due to a defect in design, manufacturing, or inadequate warnings. These cases can be complex and challenging.
- The responsible party to be identified. Determining who is at fault in a product liability case can be a daunting task. It may involve investigating the product's design, manufacturing process, and marketing to identify the party or parties responsible for the defect. Our product defect lawyer, along with our team, can help.
- Causation to be established. Proving that a product defect directly caused your injuries is a crucial element of a product liability case. Our product liability attorney, along with our team, can help to show a connection between the defect and the harm you've suffered.
- The product defect to be proven. Establishing that a product is defective and that the defect caused the injury is a critical aspect of a product liability case.
Our product liability attorney, along with our team, in California can help.
Contact a Product Liability Attorney in Los Angeles Today
Victims of defective products can be entitled to compensation for those injuries. The Law Office of Shawn Golshani | Shawn Gol Law, P.C., along with our team, can help. Contact us at (310) 900-0809 for a Free Case Evaluation to learn more about defective product liability and how to get your case started.