Koreatown Product Liability Lawyers

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, retailers, or any party involved in the creation or sale of a product for injuries or damages caused by that product. If a product is defective or inherently dangerous, and it causes harm to a user, the injured party can file a product liability claim.

Product liability claims can be based on one or more of the following:

• Design Defects: These occur when the design of the product itself is inherently unsafe, even if it was manufactured perfectly according to specifications.
• Manufacturing Defects: These arise when a product’s design is safe, but a flaw or error occurs during the manufacturing process, making the product dangerous.
• Failure to Warn: This happens when the product lacks sufficient instructions, warnings, or labels regarding potential dangers that may not be obvious to the user.

In California, victims of defective products are protected by strict liability laws, which often make it easier to pursue compensation without proving negligence on the part of the manufacturer. At Carpenter & Zuckerman, our team is well-versed in California's product liability laws and ready to advocate on your behalf.

Common Types of Defective Products

Defective products come in many forms, and the injuries they cause can vary greatly in severity. Some of the most common types of defective products that lead to liability claims include:

• Auto Parts: Defective auto parts can lead to serious accidents, putting both drivers and passengers at risk. Faulty brakes, airbags that fail to deploy, or defective tires can result in catastrophic injuries or even fatalities. If you were injured in an accident due to a defective auto part, you may have a product liability claim against the manufacturer or supplier of that part.
• Medical Devices: Defective medical devices, such as pacemakers, joint replacements, and surgical instruments, can cause serious injuries or complications. When a medical device fails to function as intended, the consequences can be life-threatening. Injuries from defective medical devices often lead to product liability lawsuits against manufacturers and distributors.
• Pharmaceuticals: Prescription and over-the-counter medications must meet stringent safety standards before being released to the public. However, defects in manufacturing, improper labeling, or undisclosed side effects can cause harm. Dangerous drugs can lead to severe health complications, and victims may be entitled to compensation through a pharmaceutical product liability claim.
• Children’s Products: Parents expect that toys, cribs, and other children's products will be safe for their little ones. Unfortunately, defective children’s products, such as choking hazards, unsafe cribs, or toxic toys, can lead to serious injuries or even death. Manufacturers of defective children's products must be held accountable when they put children's lives at risk.
• Household Products: Household products, including appliances, cleaning products, and electronics, can cause injuries if they are poorly designed or manufactured. Electrical shocks, burns, and chemical exposure are just a few of the potential hazards posed by defective household products. Consumers have the right to expect that the items they use in their homes are safe, and if not, they may have grounds for a product liability claim.

Strict Liability in California

California is a strict liability state when it comes to product liability claims. This means that the injured party does not need to prove that the manufacturer or seller was negligent. Instead, they must only demonstrate that the product was defective and that the defect directly caused their injury. Under strict liability, the focus is on the product itself, not the conduct of the manufacturer or retailer.

For a successful strict liability claim in California, you must prove the following:

1. The product was defective (in design, manufacturing, or due to a failure to warn).
2. The product was used as intended or in a reasonably foreseeable manner.
3. The defect caused your injury or damages.

Strict liability laws are designed to protect consumers and hold manufacturers accountable for releasing unsafe products into the market. These laws shift the burden of risk onto companies that profit from the sale of products, ensuring that they are responsible for injuries caused by their products, even if they took reasonable care during the manufacturing process.