Products Liability
Southern California Products Liability Lawyer
What is Products Liability?
Products Liability is an area of law that holds manufacturers, distributors, suppliers, and retailers liable for defective products that they place in the stream of commerce. Although a broad term, the word product generally refers to a tangible item capable of becoming personal property. If you have been harmed by a defective product you may have a valid claim against the manufacturer, distributor, supplier and/or retailer for the injuries you have experienced.
How Do I know that a Product is Defective?
A product can be defective in three ways. A product is defective if it has a design defect, a manufacturing defect and/or it fails to warn a consumer of dangers that may be experienced in the product’s use. A product has a design defect if the product is designed as intended, but even as designed, the product creates an unreasonable risk of danger to the consumer. A product has a manufacturing defect if product is not made as the manufacturer intended and because the product was not manufactured properly, the product exposes a consumer to a risk of harm. A failure to warn defect extends to dangerous conditions that may be inherent in the ordinary use or application of the product and the manufacturer, distributor, supplier and or retailer fails to warn the consumer about these dangers. Thus, a product is defective if there is design defect, a manufacturing defect or if the product does not warn the customer of dangers inherent in the ordinary and expected use of the product.
Theories of Law that Hold Your Manufacturer, Distributor, Supplier and Retailer Liable
There are generally three different theories of law that Products Liability claims generally rest upon. The three theories of law include negligence, breach of warranty and strict liability. These theories become relevant if the product has a design defect, manufacturing defect or fails to warn the consumer of dangers inherent in the ordinary use of the product (Discussed supra). If a product has a design defect, a manufacturing defect or fails warn a consumer about dangerous aspects of the product and the product causes harm, a consumer may have a valid Products Liability claim based on negligence, breach of warranty or strict liability theories of law.
Products Liability as a Result of Negligence on the Part of the Manufacturer, Distributor, Supplier and/or Retailer of a Product
A manufacturer, distributor, supplier and/or retailer will be liable in negligence if they fail to exercise reasonable care in the design, the manufacture or fail to warn a consumer of the dangerous aspects that may be experienced in the ordinary use of their product. In addition, the defect must have been the actual and proximate case of the harm experienced by the plaintiff. If these conditions are satisfied, an individual may have a valid products liability claim.
Product Liability as a Result of a Breach of Express or Implied Warranties on the Part of the Manufacturer, Distributor, Supplier and/or Retailer of a Product
Although it finds its roots in contract law, a manufacturer, distributor, supplier and/or retailer of a product may be liable for a breach of warranty claim based on the representations prior to and/or during the sale of the product. In sales contracts, the law imposes express and implied warranties. In the event of breach of these express or implied warranties, an injured party is entitled to recover damages that are the actual and proximate result of the breach. Simply put, if a manufacturer, distributor, supplier and/or retailer makes an implied or express representation about the product and the product fails to conform, there may be a breach of warranties claim against the manufacturer, distributor, supplier and/or retailer of a product.
Products Liability as a Result of Strict Liability Theories on the Part of the Manufacturer, Distributor, Supplier and/or Retailer of a Product
Strict liability claims focus on the product itself. Contrary to negligence or breach of warranty legal theories, in strict products liability, the manufacturer, distributor, supplier and/or retailer is liable even if they were not negligent in making the product. Since negligence is often difficult to prove and since warranties are often avoided by disclaimers, strict products liability quickly becomes an avenue of the law that is turned to by experienced attorneys. Under strict products liability, it is not necessary to show that the manufacturer, distributor, supplier and/or retailer was negligent or breached a warranty in order to recover for the injuries suffered from a defective product. Rather, an injured party only needs to prove that (1) the product was defective (i.e. design, manufacturing or failure to warn defects), (2) the defect existed at the time of sale and (3) the defect actually and proximately caused the victims injuries.
Khansari Law has the Experience and Knowledge to Recover for or Defend a Products Liability Claim
If you or someone you know has been injured by a defective product or if you are a manufacturer, distributor, supplier and/or retailer and are seeking to defend a Products Liability lawsuit, it is imperative that you contact an experienced attorney.
It should be noted that the packaging, instructions and labels used in selling the product should be kept safe since these items may prove to be critical in making or defending a products liability claim.
Product liability cases are complex. It is important to have an attorney who is experienced in the intricacies of Product Liability Law . At Khansari Law, our attorneys and staff bring a wealth of knowledge to the table and are committed to helping our clients reach the maximum compensation that they deserve. We also represent manufacturers, distributors, suppliers, and/or retailers in defending frivolous products liability claims.
If you wish to speak to an experienced Products Liability Attorney , please do not hesitate to call our offices at 818.650.6444 . You may also e-mail us now at info@khansarilaw.com to answer any of your questions or to request a consultation to discuss your Products Liability Law options.