In California, manufacturers and distributors of defective products may be liable for damages caused by their products. This liability is known as product liability.
Product liability is a type of tort. This means that the manufacturer or distributor must have been negligent or acted intentionally to be liable.
What can be considered a defective product?
A defective product is an item that does not meet the consumer’s reasonable expectations of safety. It may be due to a design, manufacturing, or marketing defect.
Examples of defective products:
- A car with a design defect that makes it prone to rolling over.
- A toy with small components that can cause choking.
- A medicine that causes serious side effects.
Who can be responsible?
The manufacturer of the product is responsible for damages caused by a defective product. The distributor may also be liable if he knew or should have known that the product was defective.
How is liability proven?
To determine liability, the claimant must demonstrate the following:
- The product was poor.
- The defect caused damage.
- The plaintiff suffered damages.
What type of damages can be claimed?
The damages that can be claimed in a product liability lawsuit are as follows:
- Compensatory Damages: These damages are used to compensate the plaintiff for their medical expenses, loss of income, and pain and suffering.
- Punitive Damages: These rights may be granted to punish the manufacturer or distributor for negligent or intentional conduct.
What to do if you are affected by a defective product?
If you have been injured as a result of a defective product, it is important that you seek legal advice. A personal injury specialist can advise you on your legal rights and options.
Product liability is an important law that protects consumers from dangerous products. If a defective product has caused you serious injuries, it is crucial that you seek the advice of an attorney.
