Consumers have the right to have products that are reasonably safe. In California, a manufacturer, distributor, retailer, or other company in the stream of commerce may be strictly liable for injuries caused by a dangerous and defective product. A design defect claim is a specific type of product liability claim typically filed against a product’s […]
defective product injury
Filing a Product Liability Law in California? Be Ready for These Two Affirmative Defenses
All manufacturers have a responsibility to provide reasonably safe products to the public. In California, a manufacturer, distributor, and/or a retailer may be strictly liable for injuries caused by a dangerous and defective product. That being said, it would be a mistake to assume that strict liability means automatic liability. Corporations can defend product liability […]
Defective Product Proof: Complaints & Other Similar Cases
When a defective product causes personal injuries or death, it is necessary to prove that: the product was in fact dangerous or defective; or the manufacturer had notice of the danger or a defect; and the product was the cause of plaintiff’s injury. (Ault v. International Harvester Co. (1974) 13 Cal.3d 113, 121-122). Evidence of […]
Internet Sellers Liable for Defective Products
On August 13th, 2020 California law changed with a landmark decision in Bolger v. Amazon, 4th District Court of Appeals, holding Amazon strictly liable for selling a defective product manufactured by a Hong Kong company. Bolger bought a replacement laptop computer battery on Amazon.com, LLC. The seller was “E-Life,” a fictitious name used by Lenoge […]
