Orange County Product Liability Lawyers
Today, we rely almost entirely on products manufactured by others to supply our day-to-day needs. From the foods we eat to the automobiles we drive to the toys we give our children, we expect products on the market to be safe for use. In truth, thousands of products are recalled every year after being found to be unsafe, for one reason or another. If a dangerous or defective product has injured you, you may have a product liability claim for compensation.
Product liability can be defined as the legal liability a manufacturer or seller incurs for producing or selling a faulty product. Liability lies with all sellers of the product in the distribution chain. Under the law, products are generally required to meet the ordinary expectations of the consumer. A product with an unexpected, dangerous defect does not meet those expectations.
One product liability claim may involve several legal theories. Product liability claims are typically based on state laws and brought under the legal theories of strict liability, negligence, or breach of warranty.
Strict liability exists when a defendant is liable for an action, regardless of what his or her mental state was while committing that action. In a product liability claim, strict liability means that the defendant is liable if the plaintiff proves the product is defective, regardless of the defendant’s intent.
In pursuing a product liability claim based on negligence, you must show that:
- The defendant owed you a duty of reasonable care under the circumstances (a duty to manufacture or sell a product free from dangerous defects).
- The defendant breached that duty of reasonable care.
- The defendant’s breach was the primary or only cause of your injuries.
- You suffered an injury as a result.
Breach of Warranty
To win a product liability claim based on a breach of warranty, you must show that the product was under an express or implied warranty and the defendant did not meet the terms of the warranty. An express warranty can be created by the sales contract or by the seller’s actions. An implied warranty of merchantability, essentially a guarantee that the product is not mislabeled or defective, applies to consumer products.
To prevail in a product liability claim for compensation, you must show that the product that caused your injuries was defective and that the defect made the product unreasonably dangerous. Consumer products can be defective in any of three different ways:
- Design defects: The design of the product is inherently unsafe, even before it is manufactured.
- Manufacturing defects: Flaws occurred in the course of the product’s manufacturing or assembly.
- Marketing defects: Something is wrong with the way the product is marketed, such as inadequate safety warnings, insufficient instructions, or improper labeling.
There could be multiple potentially liable parties in a product liability case. Responsibility for injuries caused by a product defect may lie with any party in the product’s chain of distribution, for example:
- Product manufacturer
- Component parts manufacturer
- Product assembler or installer
- A retailer that sold the product to the consumer
Product liability claims can be complicated. You stand a better chance of recovering full and fair compensation for your losses with an experienced attorney by your side. Our Orange County personal injury lawyers at Allen, Flatt, Ballidis & Leslie have more than 40 years of experience. We have won hundreds of millions of dollars in settlements and verdicts for our clients. Call us at (949) 752-7474 today to schedule a consultation. We can tell you if you have a product liability case and what damages you may be entitled to claim.
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You were wonderful throughout my case. Thank you so much for taking the time to explain the process so that I could feel comfortable. When I was hurt, I really did not know where to turn and Suzanne was comforting and knowledgable. Thanks again for all you did.