Offices in Monterey & Santa Cruz, CA
We expect that the products we buy are safe when used as intended. Unfortunately, sometimes an item we use can suddenly blow up, crack, poison us or cause some other erratic action that leads to personal injury or even death.
There is legal recourse available for those injured by defective products. Victims can seek compensation for damages by filing a product liability claim against the liable party. Get the help you need by contacting the experienced Monterey & Santa Cruz defective product lawyers at the Allen Law Firm.
Proving Your Case
Product liability claims are different from other types of personal injury claims in that you do not necessarily need to prove that the manufacturer was negligent. Instead, you need to prove that the product was defective or that the manufacturer failed to provide sufficient warning of potential risks posed by the product.
This is called strict liability, and a victim of a dangerous or defective product has the legal right to file a lawsuit regardless of the manufacturer’s intent.
Types of Product Liability Claims
Product liability claims tend to fall into three categories:
- Defective design. Design flaws exist before the product is manufactured. A product can be found to be defective in its design in one of two ways. First, under the so-called “consumer expectation test,” a product will be found defective if it does not perform as safely as an ordinary consumer would expect it to perform. Alternatively, if a product’s design is shown to have caused an injury, that design will be considered legally defective unless the manufacturer can prove that the benefits of that design outweigh the risks posed by the design.
- Defective manufacture. A manufacturing defect occurs while the product is being created. A product is said to contain a manufacturing defect if the product that is actually made is different in its design or specification from other typical units of the same product line. Because of this, only a few items may share the same defect.
- Failure To Warn. A manufacturer may be held liable if it fails to give consumers adequate warning of the potential risks posed by a product when those risks were known (or were knowable) by the manufacturer at the time the product was made.
Common types of product liability include:
- Defects in a car that would cause the car to flip over or cause the engine to shut off.
- A cracked chain in a swing set or other toy.
- A motorcycle missing its brake pads.
- Electric blankets that can cause electrocution.
- Paint remover with no instructions on proper use.
- Medications with no warnings about use with other medications.
Having a defect, however, does not make a manufacturer responsible for all injuries caused by the product. For example, if a car is defective, but you got into an accident because you were driving drunk, the manufacturer may not be liable for your actions.
Contact a Product Liability Lawyer Today
If you were injured by a defective product, it’s important to seek compensation for your damages, such as medical bills, disability, lost income, and pain and suffering. A lawsuit will also hold the manufacturer responsible for its actions.
To file a product liability claim, contact the Monterey & Santa Cruz defective product lawyers at Allen Law Firm. We have more than two decades of experience helping injured clients in California recover the compensation they deserve. To schedule a consultation, contact us today at (831) 901-3901.