Under California’s product liability laws, consumers who are injured by a defective product may have a legal claim. By law, manufacturers and retailers can both be held responsible for the manufacture or sales of dangerous prescription drugs or dangerous products.
Under product liability law, in order for a consumer to be compensated, a lawsuit may be brought if a defective product or a defective drug injures a person. The manufacturer or the seller of that product may be liable for any damages caused by the defective product. In addition, California State and federal laws provide consumers with remedies for the purchase of products that do not perform as promised or as advertised. Some examples of product liability could include a child’s car seat that doesn’t properly restrain the child, a drug that has deadly side effects, or a vehicle which catches on fire upon impact..
If a purchaser is not injured, but the product doesn’t work as it’s intended, you most likely do not have a good case with which to file a lawsuit. Instead, you should approach the retailer or the manufacturer for a replacement or a refund. However, if you or a loved one is seriously injured, you should exercise your legal rights and contact an attorney. You may be entitled to compensation for your medical expenses, your lost wages, pain and suffering and more.
There are typically three common types of defects on which most product liability claims are based: manufacturing defects, design defects, and a failure to properly warn or instruct. Manufacturing defects occur when a product was correctly designed, but was not manufactured correctly and is unsafe as a result. An example could be a crib in which the appropriate screws weren’t inserted, rendering it unsafe. Design defects occur when a product or drug has been improperly designed. The design defect may cause the product or drug to be unsafe. An example of a design defect could be a vehicle whose accelerator sticks. In other cases, a product was correctly designed and manufactured, but the manufacturer failed to give correct instructions on how to use the product. An example could be a drug that has serious side effects or may not be taken with another drug. If the manufacturer failed to notify the purchaser, it could be held liable for any damages that occur as a result of the failure to warn.
Micha Star Liberty of Liberty Law believes that manufacturers and retailers have a responsibility to make and sell products that are safe for the public. They should be held liable for any products that are unsafe. Micha Star Liberty has successfully prosecuted claims on behalf of individuals and groups of consumers who have suffered economic harm or personal injury due to a defective product, or who have purchased products that simply did not work as represented.
If you have been injured by a product, or purchased a product that does not perform as advertised call us at 510-645-1000 or 415-896-1000. We work with clients throughout the San Francisco area, including Oakland, Berkeley, Hayward, Tracy and Fairfield. Call us today to learn more about your next steps.