Product liability cases refer to holding a manufacturer, retailer, or seller of a product liable for selling a defective product to a consumer. Laws surrounding defective products protect consumers in the case of a product being defective or dangerous and vary from state to state. Generally, when a product is proven to be defective and poses an unreasonable dangerous risk when being used for its intended purpose, then you may be able to file a claim against the manufacturer, retailer, or seller of the product.
Specifically, a defective product can be characterized by a design defect, manufacturing defect, or marketing defect that results in an injury to a person. There are a wide range of examples in which a defective product can occur, including food or beverage products, children’s toys, motor vehicles, medical devices, and much more.
In order for a victim to prove product liability, the following must be shown as evidence:
- The product was defective during the manufacturing process
- The product reached the plaintiff without the manufacturer, seller, or distributor making the necessary changes in order to make it safe for its intended use
- The plaintiff and/or their property was injured to some extent from the product
What Constitutes a Defective Product?
As mentioned earlier, a defective product is characterized by a design defect, manufacturing defect, or marketing defect that results in an injury to a person.
Design Defects: This type of product liability claim is based on the defective design of a product, meaning that the product is inherently dangerous, based on the design alone, rather than an error made in the manufacturing process. This means that the entire product line is dangerous, rather than one particular item.
Manufacturing Defects: A manufacturing defect involves a product that is properly designed but an issue in the manufacturing process has caused a flaw in an individual item or a set of items. As a result, the item becomes dangerous and unsafe for its intended use.
Marketing Defects: All products must come with clear and concise warnings about the possible risks or dangers associated with the product that may not be instantly apparent. For instance, warning labels must be included for products that can be potentially dangerous if they are improperly used or if they are dangerous at all.
Contact a Product Liability Lawyer
If you or a loved one have been injured due to a defective product, it is imperative that you speak with a trusted product liability attorney in Los Angeles or Seattle. At Fiore Legal, our team has extensive experience representing victims of product liability cases and are here to help every step of the way. Contact us for a free consultation with a trusted California product liability lawyer!