As a customer, you can presume that your products are safe and issues-free. Nevertheless, faulty and harmful items can still reach the market, causing significant injury or death. In such circumstances, California product liability law allows consumers to seek compensation for their losses through product liability lawsuits.
In this post, we will review the fundamentals of California product liability law, your rights as a consumer, and what to do if a defective product hurts you.
What Is Product Liability?
The legal obligation of product producers, distributors, and sellers for injuries or losses caused by their products is referred to as product liability. Product liability law in California is controlled by two basic theories: strict liability and negligence.
Strict Liability: Under strict liability, manufacturers and other supply chain stakeholders are liable for damages caused by their products regardless of negligence. As a result, if a product is proven faulty or hazardous, the maker is accountable for any damage caused by the defect.
Negligence: In a negligence action, the plaintiff must demonstrate that the defendant (manufacturer, distributor, or sale) was negligent in some manner. This negligence can be used as the reason for the faulty product manufacturing that caused the damage.
Types of Product Defects Under California Product Liability Law
Product defects can give rise to product liability claims in three ways under California product liability law:
- Design Defects: A design flaw is a flaw in the design of a product that makes it inherently unsafe or dangerous.
- Manufacturing Defects: A manufacturing fault is a problem in the production process that causes the product to depart from its original design.
- Marketing Defects: Marketing defects are flaws in how a product is sold or presented, such as poor warnings or instructions.
Your Rights as a Consumer
As a California consumer, you have the right to expect that the things you buy are safe and defect-free. Manufacturers are obligated by California law to develop, make, and distribute reasonably safe items for their intended use. If a product is shown to be faulty or harmful, the manufacturer may be held accountable for any injuries or losses that occur.
If a defective product hurts you, you should take the following procedures to preserve your consumer rights:
- Get Medical Attention: Your health and well-being should be your primary concern. If a faulty product wounds you, get medical care immediately.
- Save the Evidence: Keep the product, any packaging, and any documentation that came with it. Take photographs of your injuries and of the defective products.
- Contact a Lawyer: Call an attorney who has previously handled product liability cases. An attorney can help you understand your legal rights and demand compensation for your injuries and losses.
- File a Claim: You may be able to claim with the product’s manufacturer or seller. Your lawyer can assist you in filing a claim and negotiating a settlement on your behalf.
Find Legal Services in Nevada and California at The Bourassa Law Group
California product liability law is designed to protect consumers in the state from any serious defects of distributed products. Therefore, immediately file a product liability lawsuit if you ever suffer from a loss due to consumer products.
Find legal services in Nevada and California by contacting The Bourassa Law Group. Our experienced lawyers can file your claim quickly and get you the compensation you deserve.
Visit our website for more information, or contact us to book an appointment.
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