Please choose one of our practice areas in order to learn more about the services we offer.
Manufacturers of consumer products have the responsibility of ensuring that their products are safe for consumers to use. When a product has an inherent risk of injury, such as a blowtorch or a bicycle, manufacturers must clearly, coherently warn users of these risks and provide instructions for the safe use of their products. Manufacturers are liable for damages users suffer because of their negligence.
Product liability claims in California are not the same as other types of personal injury claim. Although negligence does play a role in this type of claim – namely, that a manufacturer, distributor, or retailer can be liable for a victim’s damages because of injuries related to its negligence – product liability claims generally adhere to a doctrine known as strict liability, which means that when a victim files a product liability claim, he or she does not have to demonstrate that the other party’s negligence caused his or her specific injury. Rather, these parties are liable for victims’ damages regardless of the circumstances of the victims’ cases when the victims demonstrate that their cases fall into one of the categories described below.
Types of Product Defects
A product liability claim can be categorized into one of the following types:
- Manufacturing defect cases:When a product is not manufactured according to its design, rendering it dangerous or ineffective, the manufacturer of the product or defective part is liable for the victim’s damages.
- Design defects: With this type of case, the product was flawed from the outset and manufactured according to defective or unsafe specifications.
- Marketing defects: For products that have flaws or pose potential hazards that cannot be corrected during manufacturing, the manufacturer must warn consumers about these risks and provide sufficient safety instructions. A marketing issue could also be one where a product is advertised as being able to do something it cannot, such as advertising a decorative helmet as a legitimate piece of safety equipment. In this type of case, a retailer can also be the negligent, and thus liable, party.
Filing and Pursuing a Product Liability Claim
Victims of defective products can seek compensation for their damages by filing product liability claims. In California, the statute of limitations for this type of claim is two years from the date of the accident that caused the injury or discovering that the injury was related to use of the defective product.
Generally, unreasonably modifying a product voids any liability its manufacturer holds for damages related to its use.
Work with an Experienced Irvine Product Liability Lawyer
A defective product can leave a person injured, permanently disabled or even dead. When you or a loved one suffer an injury because of a manufacturing, design or marketing defects, you have the right to pursue compensation for your damages through a product liability claim. Contact our team of experienced personal injury lawyers at Nehora Law Firm today to set up your initial consultation with us to learn more about your rights and potential outcomes for your claim.
Defective products that were, for example, improperly designed, manufactured, supplied, installed, inspected or repaired, can cause injury – often serious injury. The law allows a person to recover monetary damages for injury sustained by these products. Our products liability lawyers have helped clients throughout Orange County recover compensation from injuries sustained by these products. If you’re unsure whether you have a case, we recommend consulting one of our products liability attorneys today to receive a free consultation.
Product defects can take many forms. For example, the product may have been damaged during the manufacturing process, or, alternatively, injury may have been sustained from a failure by the producer to stipulate warnings in advance (what are known as “marketing defects”). Manufacturers have a duty to provide a safe, effective product – a product that accurately describes its function and a product that is fit for purpose. However, there are some small exceptions to these general rules (which we discuss below).
As well as manufacturing defects, we also have “design defects”. Design defects refer to an inherent flaw with the product. This means that, no matter how well the product is manufactured, the product retains an inherent flaw or danger. In other words, products with design defects are almost destined to cause injury. Of course, injuries are not limited to the purchaser of the product. A third-party may also be affected and, in such cases, the third-party is also permitted to file a products liability lawsuit. Our products liability lawyers, with our free consultation, can help you establish whether you have a case.
With “marketing defects”, the question of responsibility is not black and white. For example, there are cases in which the product has an inherent danger – but this danger is linked to the direct function of the product. If the danger were removed, the function of the product would be limited. The removal of sharpness from a knife, for example, would render redundant the function of the product. In this case, it would not be possible to file a lawsuit should the affected party have sustained injury.
Products liability lawsuits can, in some cases, prove contentious. In some cases, responsibility clearly lies with the manufacturer, supplier or other involved party. In other cases, where responsibility lies is not so clear. Products liability lawyers are equipped with both the knowledge and experience to determine who should be held accountable. We not only help establish whether you have a case and determine responsibility, but also maximize your potential compensation – assessing both economic and noneconomic damages.
At Nehora Law Firm, our products liability attorneys have helped clients throughout Orange County – from Irvine and Santa Ana, through to Anaheim and Huntington Beach, among other locales. Our team have dealt with personal injury claims caused by manufacturing defects, design defects and marketing defects. We help maximize compensation; carving out a viable legal path that successfully negotiates our way toward settlement. Many products liability cases are arduous, complex affairs. Having a competent attorney on your side is therefore essential.
Schedule a Free Consultation
Type in your contact information below and an attorney will contact you immediately to discuss your case.
Working together to deliver results that matter to you