We live in a world where we are confronted with new products nearly everyday. These products are often designed to make our lives easier and more enjoyable. As consumers, we have an expectation that the products we are sold will be designed, manufactured and sold free from dangerous defects. Unfortunately, every year several hundred products are recalled, and thousands of people are injured or killed as the result of dangerous and defective products.
California law creates several avenues for a consumer to seek compensation for injury caused by a defective product. The most common include claims of design defect, manufacturing defect and/or failure to warn. A manufacturer or seller can be held strictly liable for harm caused by a defective product when it is placed into the stream of commerce. In general, a design defect occurs when the product fails to perform as safely as an ordinary consumer would expect, or if the risk of danger inherent in the design outweighs the benefits of design. A manufacturing defect occurs when the product was not manufactured in conformity with the manufacturer’s design. Failing to warn is actionable when the manufacturer or distributor knew or should have known of the danger and the necessity of warnings to ensure safe use by an unsuspecting consumer.
Litigation against a manufacturer can be a long, expensive and complex process. At Walton Law, A.P.C., we have experience handing several types of product liability cases. Please call us immediately to ensure you preserve the right evidence and conduct a thorough investigation using the appropriate experts.
For a free and confidential consultation with an experienced attorney, please call us directly at (866) 338-7079, or click here to submit your inquiry online.