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CALIFORNIA PRODUCT LIABILITY LAW

PRODUCT LIABILITY

California was the first state to boldly assert the doctrine of strict liability for defective products. According to the case Greenman v. Yuba Power Products, 59 Cal. 2d 57, the court concluded that a manufacturer should be strictly liable when a product has a defect which causes an injury to a human being.

The purpose of such liability is to insure that the costs of injuries resulting from defective products are borne by the manufacturer that put such products on the market rather than by the injured persons who are powerless to protect themselves. Moreover, in 1969 the Supreme Court extended the term “defendant” to any innocent by standers randomly injured by defective products.

Additionally, the manufacturer may face punitive damages in cases of particularly egregious conduct. Many individuals have rights to file a product liability claim, and those claims can arise from:
  1. Defective Products: if injured or harmed by a defective product, even if the product was recalled, or when a product comes off the assembly line in a substandard condition.
  2. Design Defects: if a person was injured by using a product in its intended way. Such claims arise from some aspect of the design that makes the product unsafe.
  3. Failure to warn of dangerous characteristics of the product: an injury is caused by the manufacturer’s failure to provide the consumer with conspicuous and appropriate.
Any party that had a hand in getting the product to consumers including retailers, distributors, manufacturers, repairers, assemblers and testing facilities may be liable for injuries caused. Generally, defective product claims involve:
  • Dangerous drugs
  • Life-threatening birth control
  • Medical devices
  • Auto parts
  • Products containing asbestos
  • Infant and toddler toys
  • Children’s furniture and cribs
  • Power tools
  • Household appliances
  • Cleaning products, and
  • Many other products.
Claims most commonly associated with product liability relate to:
  • Negligence
  • Strict liability
  • Breach of warranty
  • Consumer protection claims.
Having product liability insurance, companies have the finances to pay out a products liability settlement, if their product harms. As product liability injuries can occur in many different ways, it’s important to talk to a California Personal Injury Attorney to determine the eligibility of your case. If you injured from an unhealthy product, or used a food that has caused a serious injury or health concern, a personal injury attorney from The Margarian Law Firm can help you seek justice and hold the responsible party accountable. We will help you receive compensation for:
  • Lost wages
  • Medical bills, including medical bills for the care you received, and you will need to receive in the future
  • Pain and/or suffering
  • Punitive damages.

Being versed in the California product liability lawsuit? The Margarian Law Firm lawyers will help you better understand both the strength and weaknesses of your case.

You may file your request online, by telephone or by mail. (818) 553-1000

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