Product Liability

//Product Liability
Product Liability2018-06-27T07:25:11+00:00

In our more than 65 years as a plaintiffs’ law firm, CaseyGerry’s personal injury and product liability lawyers have successfully handled defective products cases for hundreds of clients throughout Southern California and beyond. Our product liability attorneys have played a leading role in holding manufacturers responsible for unsafe products they have placed on the market – from automobiles and airplanes to treadmills and tools.

If the injury or wrongful death was due to defective product design, manufacturing or defective component parts on the part of a U.S. manufacturer, CaseyGerry’s defective product attorneys will take charge – and pursue justice.

Have you been injured by a dangerous or defective product?

Consumers face product liability risks each and every day. When someone is harmed by the use of a product with inherent defects, that person can seek damages – whether he or she was the owner, someone to whom the product was loaned or given, or who was required to use the product as part of their work.

At CaseyGerry, we believe manufacturers must be held fully responsible for unsafe and defective products they have placed on the market.

Whether the product is a defective brake system in a car, improper construction in a building, a child’s pajamas that catch fire or a faulty golf cart – if it causes injury or wrongful death, damages can and should be sought. A design flaw or the manufacturing process can cause a defect or injuries can result from such variables as improper or inadequate instructions or lack of warning about a product’s dangers. Whatever the cause, product liability laws put the responsibility on all members of the distribution chain, from the designer to the retail store.

It is not about whether the manufacturer or supplier exercised appropriate care or not – it is about whether someone was hurt or died as a result of a defective product.

When CaseyGerry commits to take on a product liability case, a senior product liability lawyer will manage the case and assemble the team of lawyers, investigators, support staff and product experts necessary to research and develop the case – with a keen focus on obtaining the most favorable resolution possible.

We are the only firm in San Diego to have an in-house team of investigators as well as focus group capabilities – and to conduct extensive research and retain top industry experts. With decades of experience and a proven track record, we have the financial resources necessary to defend your rights and achieve a successful resolution.

Who can file a product liability claim?
A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. It need not be the owner of a product – someone to whom the product was loaned or given, or who was required to use the product as part of his or her work would also be eligible.

Does location of the product failure or citizenship status of the plaintiff affect a product liability claim?
The plaintiff’s citizenship or immigration status is not an issue in a products liability case. CaseyGerry has represented Mexican citizens, Mexican nationals living in the U.S., and undocumented immigrants who have been harmed by defective products manufactured and/or sold in the U.S.. Where the product failure occurred is also not a factor.

What is the definition of a product?
While products are generally taken to mean as tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

What kinds of product liability are there?
A product can be defective by its design, its manufacture or its marketing. A product can be poorly designed so that it fails to discharge its intended function and by its failure causes harm to its user. A properly designed product can have defects in its manufacturing that make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fails to warn consumers of dangers inherent in the product.

Is there any national product liability law?
No. Product liability is determined by state law.