Product Liability

It is possible that you buy or consume a product and that it has a defect that, in most cases, you ignore without making a claim. However, some other products have significant flaws that can lead to injury. It is then that a personal injury lawsuit could be filed, and the person responsible could be anyone involved in the supply chain of the product, from its manufacture and distribution to its sale.

In California, there are three different types of defects that can lead to a product liability lawsuit, which allows whoever was involved in the accident to be held liable for your injuries or damages, even when there was no negligence. 

The defects that can lead to claims are:

  • Production: for not having been appropriately manufactured or if some part has not been placed correctly.
  • Error or lack of use warnings: refers to the lack of warnings in the product’s labeling. For example, if the dangers that its incorrect use may cause are not specified.
  • Product design: The product’s overall design had to be changed to avoid the risks that the design represents for the public.

As previously mentioned, different people involved in the product supply or distribution chain may be responsible for the accident. Here we explain in more detail how they can be involved: 

  • Manufacturer: The manufacturer and the suppliers of the parts with which the product was manufactured may be held liable. 
  • Distributor: Due to errors in packaging or the logistics process.
  • Seller: This being the person from whom the product was initially purchased.

Any person who has been involved in an accident or has been injured when using or being near a product (even without being the person who owns the product) may file a claim for product liability. They must have evidence of what this product caused and that it was the cause of the accident. You must take photos as evidence and keep the product intact without fixing or manipulating it again. You should also save all your medical bills so that you can receive the compensation you deserve after being damaged by the product.

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