Liability for a defective product can include manufacturers, wholesale distributors, retailers, or other third parties. In the past, manufacturers were held primarily liable for most defective products. However, courts are increasingly holding large retailers, like Amazon, responsible for the products sold by third-party sellers via their e-commerce platforms. California’s laws favor injured consumers, and manufacturers and sellers are held to a high standard of care.
Founded in 1947, CaseyGerry is San Diego’s most experienced personal injury & complex litigation law firm. Our product liability lawyers have successfully handled defective product cases for hundreds of clients throughout Southern California and beyond. If a defective product has harmed you, we can help. Our San Diego personal injury 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.
Three Types of Product Liability
Consumers face product liability risks every day. If a product causes harm or wrongful death, the injured party can seek damages. A design flaw or an issue in the manufacturing process can cause a defect. Injuries can also 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.
There are three different kinds of product liability:
Manufacturing Defects
Manufacturing defects are flaws or defects that occur in the manufacturing process and may involve poor-quality materials or inferior workmanship. To prove a manufacturing defect for strict liability, the plaintiff must show that the product did not follow the manufacturer’s design and that the defect occurred before leaving the supervision of the manufacturer.
Design Defects
A design defect is when the product fails to perform safely when an ordinary consumer uses it in an intended or reasonably foreseeable manner. In this case, the problem begins in the early design stage and is either never discovered, resolved, or both. The plaintiff doesn’t need to prove the defendant was negligent—design defect can be based on strict liability.
Inadequate Warnings or Instructions
This defect arises when a product has an unnoticeable danger that could have been avoided through proper warnings to the consumer. Under strict liability, the defendant is liable for product defects regardless of whether the company or business acted negligently. A failure to provide adequate warnings is considered a product defect in strict liability cases.
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We are the only firm in San Diego with an in-house team of investigators and focus group capabilities—as well as the resources to conduct extensive research and retain top industry experts. With decades of experience and a proven track record, we have the financial resources to defend your rights and achieve a successful resolution. Schedule a free, no-obligation consultation with our San Diego personal injury lawyer to get started.
