Defective Products

As a consumer, you have a right to expect that products that are placed on the market for your use will be safe. When a defective or dangerous item causes injury or illness, those responsible for placing the product in the hands of the consumer can be held liable for the injury and the damages that result from it. The legal remedy used to accomplish this is a products liability claim or lawsuit.

Defective ProductsThe designers, manufacturers, distributors, and sellers of a product can be held liable for an injury caused by a defective or dangerous product that it has placed on the market. In some cases, the manufacturer of component parts or those responsible for assembling a product or installing the product can also potentially be held accountable in a products liability claim. Products can also be defective because of inadequate labeling or marketing.

In California, a product liability action can be brought under a negligence, breach of warranty, and/or strict liability cause of action.


NEGLIGENCE

Those who place goods on the market are required by law to exercise reasonable care in designing, manufacturing, supplying, installing, inspecting, or repairing their products, to use reasonable care to warn of dangerous conditions, and to give clear instructions for the use of the product. Failure to meet this duty is negligence. When a consumer is injured because a manufacturer or other supplier failed to exercise reasonable care, they may be held liable under a theory of negligence.

BREACH OF WARRANTY
A warranty is an express or implied promise as to the quality of a product and its suitability for its intended purpose. An injured consumer may recover damages resulting from a breach of these warranties.

STRICT LIABILITY
A manufacturer or anyone integral in the producing or marketing of a product is subject to strict liability when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury. Under strict liability, a consumer who is injured by a defective or dangerous product is entitled to compensation for damages, even if he is unable to prove that the manufacturer or seller was careless or negligent. However, the injured party has to prove that the defendant was the manufacturer or distributor of the product, that the product contained a manufacturing defect when it left the defendant’s possession, and that the defect caused injury while it was being used for the purpose it was intended.


If you have been injured by a defective or dangerous product, you will need the help of a personal injury lawyer. Contact the Law Offices of Catharine Kroger-Diamond to discuss whether you may have a claim for products liability.