Dangerous & Defective Products

 No one ever expects to buy a product that will end up causing them harm, but that’s exactly what happens when a product has a defect. Consumers assume that the products they buy will not harm them in any way. But, manufacturers, retailers, and designers can often make mistakes that lead to dangerous product defects. If you have been injured by a defective product, you may be able to file what is called a product liability claim to hold the manufacturer, retailer, or designer accountable. Product liability claims are among the most complex personal injury cases, which is why you need an experienced attorney on your side.

here are three different categories of product defects, and it’s important to identify which type of defect led to your injuries so you know who to hold liable. The three categories are:

Design

In some cases, the defect is in the design of the product. This means that there is a flaw in the design that makes the product dangerous. In California, the court will often use a risk/benefits test to determine if the product’s designer should be held liable for injuries. This test looks at whether the risk of danger caused by the design outweighs the benefits of the design. If it does, then the designer may be held liable for injuries caused by this defect. The court may also use the consumer expectation test to determine if there is a design defect. This means if the product failed to perform as safely as an ordinary customer would expect the product to perform, it may have a design defect.

Manufacturing

Products that are designed without defects may become defective during the manufacturing process. In this case, the manufacturer would be held liable for any injuries that occurred as a result of a manufacturing error.

Labeling

Manufacturers have a legal obligation to warn consumers of any potential dangers associated with using a product. If manufacturers fail to label their products with appropriate warnings, they could be held liable for any injuries that occur as a result.

California has a strict liability rule in place for product liability cases. This means the victim does not have to prove that negligence played a role in the case. For example, a victim who was injured by a manufacturing defect would not have to prove that the manufacturer’s negligence led to the defect. Instead, the victim would only have to prove that the defect existed and that it caused his or her injuries. If you can, take pictures of your injuries and the defective product so you can prove what happened. For example, if a product caught fire and you burned yourself as a result, take pictures of the burns and the charred product.

Companies who create and sell products must ensure they are safe for use. If you or a loved one has been injured as a result of a defective product, contact us immediately to discuss your legal options. Don’t let big corporations get away with dangerous products. Let’s turn the wheels of justice together.