Products Liability Law
Product liability lawsuits refer to lawsuits brought by consumers against anyone participating in the chain of manufacturing. This includes the manufacturer of components and the manufacturer responsible for assembling the complete item. In certain cases, it also includes the retail storeowner.
The lawsuits are often concerned with the following:
- Manufacturing defect
- Design defect
- Breach of warranty
- Failure to warn
- Mesothelioma and asbestos
- Product recalls
Defective products that cause harm to consumers or people to whom the product was given can file these lawsuits. An injured person can file a product liability lawsuit whenever their product is unreasonably dangerous or has a defect that causes injury.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
Types of Defective Products
Product liability lawsuits can occur because of three types of defects – design defects, marketing defects, and manufacturing defects. Marketing defects are also known as failures to warn. Manufacturing defects are the most straightforward lawsuits of all three.
Manufacturing defects are said to occur because of a production or construction flaw. The defect takes places in one or a few products in a certain line, rather than the entire range. The injury causing product is different from others.
Design defects are different to manufacturing defects. They are inherent on the entire line of the product. This means that every product of that type will be defective or dangerous to use in case of design defect. This is possible even though the product was manufactured expressly as per manufacturer and designer specifications.
Marketing defects relate to inadequate or inappropriate instructions in properly using the products or a failure to warn of the product’s dangers.
Types of Product Liability Lawsuits
Product liability lawsuits can be brought forward on the basis of strict liability, negligence, breach of warranty, and misrepresentation. In some states, they are also brought in pursuit to a state statute.
Strict liability lawsuits are based on the manufacturer’s responsibility to sell products that are fit for use. These can be brought forth even if the manufacturer exercised reasonable care. The injured plaintiff is only responsible for proving that the product was defect, which resulted in their injury. Generally, both sides need to retain experts for offering opinions about the defective product issue.
Negligence theory becomes appropriate in case where a manufacturer did not exercise reasonable care. It is often a concern in design defect cases when the manufacturer doesn’t account for the risk of harm and probable use of a particular product.
It is assumed by the law that certain warranties (implied or express) will be given by the manufacturer that the goods they distribute, make or sell is of a certain quality and fit for use. A product that causes harm may breach the express or implied warranty. Misrepresentation applies when the promotion or advertising of a product gives consumers a false sense of security.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
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