Products can cause injury, often serious or even fatal injury. Products liability is that part of the law concerned with holding those responsible for the production and transfer of products – such as manufacturers, distributors, retailers and suppliers – should those products be defective and cause injury to consumers. Defects can take many forms, such as a design flaw or a failure by the manufacturer to stipulate warnings in advance (what are known as ‘marketing defects’). Defects can also come from manufacturers, who have failed in their duty to provide a safe and tested product.
If you have been injured because of products liability, you may be entitled to compensation. Our experienced legal team have helped clients throughout Orange County – from Irvine and Anaheim, to Santa Ana and Huntington Beach – recover the compensation that they’re entitled to. Products should meet both the expectations and standards of consumers. Products that don’t meet these requirements, and therefore pose a direct injurious threat to consumers, are subject to legal sanction. Below, we dilate on the three major types of product liability.
Types of Product Liability
- Manufacturing defects – defects can occur because of bad work practices or using inappropriate materials. Using cheaper materials can, for example, compromise the original functional integrity of the product. Bad work practices, which may develop over time, can undermine the safety of products, too.
- Design defects – design defects refer to an inherent flaw in the product, irrespective of how well manufactured it happens to be. In other words, the product has a central defect that will always cause injury, whether it’s manufactured poorly or properly.
- Marketing defects – when a product fails to supply sufficient warning, it poses an inherent and preventable risk to consumers. Even if the product works as intended, the risks associated with the product must be stipulated.
Personal injury is not limited to the purchaser of the defective product. For example, a third-party could be injured by the product, in which case a claim could be filed. As we discussed, the responsibility for the defect rests with those involved in the transfer and sale of the product. This includes the product manufacturer, the manufacturer of specific parts of the defective product, parties that put the product together, wholesalers and the store from which the product was purchased.
Products Liability Lawyers - Orange County
Not all product liability cases are clear cut. For example, there are cases where the product has an inherent danger – the removal of which would render redundant the function of the product. A knife, for instance, has an inherent danger – the removal of which would mean the product loses its intended, functional value. If consumers are warned, in advance, of the nature of the danger in question, then a personal injury claim cannot be filed.
Similarly, products liability lawsuits can prove contentious when it comes to determining responsibility. In some cases, the affected party needs to firmly establish a link between their injury, the product and the manufacturer/supplier. In other cases, these links need not be made – due to the nature of the product, for example. Consult one of our experienced products liability lawyers today to evaluate whether you have a case. Through our free consultation, we can help you chart a legal course to settlement that maximizes your potential compensation.
Whether you’re based in Irvine, Santa Ana, Anaheim or Huntington Beach, our personal injury lawyers can help you. We have assisted clients throughout Orange County, helping them understand the complex nature of their products liability claim. As we have learned, many of these claims are arduous, complex affairs. Consulting a qualified legal professional is therefore essential. Injuries from products liability vary, as does compensation. Receive a free consultation today to learn whether you have a case and how much compensation you may be entitled to.