San Diego Personal Injury Attorneys

Defective Products and Product Liability

A defective product is a product which, due to a flaw, weakness or inadequate labeling, causes injury to the consumer. In that case the consumer can file a personal injury claim to sue the designer, manufacturer or supplier for damages. A defective product usually falls under one of three categories:

• Manufacturing defect – this is a defect in the product due to negligence or an error during the manufacturing process. An example would be an airbag that failed to deploy during an accident, causing the driver or passenger to be injured.
• Design defect – this is a fault in the design of the product, such as a poorly designed swing set that collapses when both swings are in use. Incomplete product testing or negligence can lead to a design defect.
• Inadequate warning – this refers to a product that lacks adequate labeling or warning regarding risks or possible side effects. A good example would be a pain medication that failed to include a warning about consuming alcohol at the same time as the medication. An unknowing consumer may take the pain medication with alcohol and become very ill.

Strict Products Liability

California has adopted a strict products liability claim that enables consumers to sue for damages based upon a few basic criteria. They must prove the product was defective, that the defect existed prior to the manufacturer’s release of the product, that the defect caused their injuries, and that they were using the product correctly. This varies from other product liability claims wherein the consumer’s representation has the more difficult task of proving the specific negligence or intent of the designer, manufacturer or supplier.

If you have been injured by a defective product, we can help. You deserve to receive compensation for medical and emotional damages. Let Legion Counsel help you find the best qualified attorney to handle your claim.

Contact us about your personal injury case today!