California Product Liability Attorney

Defective or dangerous products are the cause of many thousands of injuries every year. "Product liability law," the legal rules concerning who is responsible for defective or dangerous products, is different from ordinary injury liability law, and the “products liability law” sometimes makes it easier for an injured person to recover damages. If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today. No matter what the defective product is, a car seat, a high chair, a tractor, a lawn mower, an elevator, a crane, a vehicle, a treadmill or an appliance, do not hesitate to call us today for a free case evaluation. You have the right to be safe – Let the Gomez Law Firm help you recover for your injury. The Gomez Law Firm is dedicated to helping people all across California, including San Diego, Los Angeles, Riverside, San Bernardino and Imperial Counties to get fair and just compensation for their injuries.

What Is Product Liability?

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. When you have been injured by a defective or dangerous product, potentially liable parties include:

• The manufacturer
• The manufacturer of component parts
• The wholesaler
• The retail store that sold to the product.

In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

California Product Liability Law

There is no federal products liability law. California law of strict product liability is derived mainly from Torts Law. Under the California law of strict product liability, a manufacturer/supplier of a product is the guarantor of its safety. The manufacturer/supplier is liable for any harm that a defect in its product was a substantial factor in bringing it about. A defect may be found where the product left the manufacturer and supplier's control lacking any element necessary to make it safe for its intended use or possessing any feature that rendered it unsafe for the intended use. Intended use includes any reasonably foreseeable use or misuse of a product. A defective condition, creating strict liability, is not limited to defects in the design or manufacture of a product. The manufacturer and supplier of a product must also provide such warnings and instructions as are necessary to inform the user or consumer of the possible risks and inherent limitations of the product in a form that will reach the consumer. If there are no warnings or instructions included with the product, this may be considered a defect. The law of strict product liability concentrates on the safety of the product rather than on the reasonableness of the manufacturer and supplier's conduct. The manufacturer and supplier of a product may be liable for harm caused by its defective product even where it has exercised all possible care in the preparation and sale of its product.

Defective Products

Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

• Design defects
• Manufacturing defects
• Marketing defects

Design defects are present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe. Manufacturing defects are those that occur in the course of a product's manufacture or assembly. Finally, marketing defects are flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.

The experienced Product Liability Lawyers of the Gomez Law Firm may be able to recover a settlement for you or a loved one’s injuries. For a free evaluation of your claim, contact the Gomez Law Firm today.