Products Liability Law 101
Friday, January 06, 2017By Richard Alexander
A person who is seriously injured by a defective product can bring what is called a “products liability” lawsuit for money damages. Anyone in the manufacturing chain may be liable for money damages when this happens.
We all use many different consumer products every day. Just think about all the products you use in the morning, from hair dryers to kitchen appliances. Item used for play are also considered consumer products, including ride-on toys like hoverboards and bikes, as well as stuffed animals. These objects are so ingrained in our lives that we usually assume they are safe.
Sometimes, they are not. Defective items are commonplace, and they injured and even kill people who believe they are safe.
In California, there are three categories of product defects:
- design defects, which affect the safety of a product before it is even manufactured;
- manufacturing defects, which include defective parts and end products; and
- marketing defects, such as failing to include proper warnings and instructions.
When a defective product injures a consumer, different people and entities may be liable for money damages, such as a parts manufacturer, the assembly manufacturer, the wholesaler, and the store owner. In a lawsuit, these entities are known as the “defendants.”
In addition, there are different legal theories that may apply in a products liability action. Most products liability cases are strict liability offenses. This means that if a defective product injures a consumer, it does not matter whether the defendants acted cautiously or not. Because the product was defective and it injured a consumer, the defendants are strictly liable.
There is a fairly short time period within which to bring a products liability lawsuit, so it is important that you contact an attorney experienced in this area quickly if you have been injured by a defective product. Make sure you take pictures of any of your injuries, as well as the product. Also keep all documents that relate to the defective product, such as instructions, manuals, and warnings.
If you or somebody you love has been injured by a defective product, contact the attorneys at Alexander Law Group, LLP at 888.777.1776 for a free case consultation. Manufacturers and sellers who irresponsibly endanger others should be held accountable for their actions.