Understanding Product Liability In California: Everything You Need To Know

In this article, you can discover…

• What is covered by product liability laws in California.
• What evidence is needed to support a product liability case.
• What to do if injured by a recalled product. 

How Is Product Liability Defined In California?

A product liability case can occur when a product does not work as you expect and injures you. This could be because the product was designed poorly or because it was well-designed but manufactured poorly (e.g. with sub-par materials or not following the designer’s plans).  You may also file a product liability case if the product was dangerous in ways that could not be prevented and the consumer was not warned of that danger.

What Type Of Products Can Lead To Liability Claims?

Nearly any product imaginable can lead to a liability claim. This includes cars, scooters, motor scooters, drills, exercise equipment, or anything with a propensity to injure you or another person using the product. If it is an item that causes injury when used in a reasonable manner, it probably can be the subject of a product liability case. It does not matter who purchased the item. Batteries inside of products being poorly manufactured can lead to fires, another common cause of product liability claims. If the product itself or any part or component of the product causes injury, it can be grounds for a claim.

Who Can Be Held Liable In A Product Liability Case?

The designer, the manufacturer, the company that developed the defective part, the distributor, and the seller could all be held accountable. Every company involved in creating or selling a product could potentially be liable.  Sometimes, all of the above roles are fulfilled by one company; at other times, different companies design, manufacture, and distribute. The cause of the injury or the part that caused the injury factors greatly into who is held liable within that chain of responsibility.  Under recent laws, sellers in California may now include online retailers such as Amazon, even when they sell someone else’s product. If a product you bought on Amazon is dangerously defective, you have the right to sue. The law was changed because often the manufacturers of online goods are companies in other countries where you would not be able to bring a product liability claim.

Attorneys Bryan Lamb & Richard Frischer are dedicated product liability lawyers based in California. For over 30 years, they’ve helped clients just like you fight for their rights, hold companies accountable, and win damages after a product-related injury.

Don’t allow corporations to get away with negligence. If you or a loved one have been injured by an unsafe or defective product, contact The Lamb & Frischer Law Firm at (415) 997-9529 for an initial consultation today. 

What Evidence Is Needed To Support A Product Liability Claim?

The most important piece of evidence in a product liability case is the product itself; don’t get rid of it! You want to keep the product as-is, or as much of the product as can be salvaged, in order to prove a dangerous defect. This makes proving your case far easier and assists your attorney in the discovery portion of a lawsuit. In the discovery process, your attorney will request and review product design papers, blueprints, and internal documents to prove the product posed an unreasonable risk of injury or that there was negligence at some stage of the design, manufacturing, or distribution process. Sometimes an attorney has to ask the court to enforce the requests, as product manufacturers do not like turning over evidence of defects or of other complaints about their products.

Can I Sue For Injuries Caused By A Recalled Product?

Yes, you can sue for injuries caused by a recalled product. It may depend on what happened during the recall campaign. If you had no idea the product was dangerous, this falls under a “failure to warn” statute, and the company can be held liable. Companies that mail out recall notices to only some buyers, publish a recall notice in a paper that may not be read, or send letters blaming the consumer for the defect can all be held liable for injuries you sustain. 

What Are My Legal Rights If Injured By A Defective Product In California?

You have the right to recover compensation for your injuries under California law. You may be entitled to damages related to your medical bills and lost wages, as well as pain, suffering, emotional distress, inconvenience, etc. You may even be entitled to punitive damages, especially if the company knew about the problem ahead of time but did nothing to address it.  A practiced and attentive law firm can review your case, help you collect and preserve evidence, and proceed to hold companies accountable and fight for the damages you deserve.  For more information on Understanding Product Liability In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.