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California Defective Product Law
In our modern world we all use and depend on products on a daily basis. We depend on cars to get us to work and school and back. We depend on telephones and computers to communicate. Almost everything we do on a day to day involves depending on products to be manufactured and designed safely. None of us has the expertise to adequately evaluate all the products we use for safety. Instead, we rely on manufacturers to sell us safe products.
When a consumer is seriously injured or killed by an unsafe product that was bing used in a foreseeable manner, the manufacturer, retailer, distributor and/or others who helped bring the product to market may be legally responsible for the harm caused by the defective product. When this occurs, consumers injured by the defective product may recover money damages.
Every State has different product liability laws. In this article we discuss California product liability law / California product safety law.
Under California law, there are three ways to hold a manufacturer (and others who help bring the product to market) strictly liable for injuries caused by its product:
(1) If the product is defectively manufactured;
(2) If the product is defectively designed; or
(3) If the product is distributed without sufficient warnings or instructions about its potential for harm.
A product is defectively manufactured if it contains some unintended flaw. That is, if the product differs from the manufacturers intended result.
For example, a car with a defective weld, a bottle with a crack, a power tool with a defective rivet.
There are two tests for establishing a design defect:
(1) Under the consumer expectations test, if the plaintiff shows that the product failed to perform as safely as an ordinary consumer would expect when using the product in an intended or reasonably foreseeable manner; and
(2) Under the risk-benefit test, where the trier of fact is asked to balance the risk of danger inherent in the challenged design versus the feasibility of a safer design, the gravity of the danger, and the adverse consequences to the product of a safer design.
A determination of the risk-benefit issue involves technical issues of feasibility, cost, practicality, risk, and benefits.
Examples of defectively designed products are a car with an extruding bolt that causes the gas tank to explode with minor rear end impacts, flammable children's pajamas, tractors without roll bars and seat belts, children toys made with lead paint, and products made with shoddy materials that were manufactured in China.
In failure to warn cases, a flawlessly designed or manufactured product becomes defective if the manufacturer fails to warn of the product's dangerous propensities. There are two main types of product liability failure to warn:
(1) Failure to provide proper use instructions, and
(2) Failure to warn of side effects and harms that can be caused by the product.
Examples of failures to warn are aerosol paints that don't warn users that a fan can cause the paint fumes to explode, drug manufacturers that don't warn of known side effects, and toy manufacturers that don't warn of chocking hazards posed by the toy.
If you or a family member has been seriously injured by a defective product you are strongly advised to consult with a seasoned California product liability lawyer.
This article is not legal advice. This article is simplistic in order to achieve clarity. The facts, circumstances and specifics of your case may differ from those described in this article. This article focuses on California product liability law. Remember, when you are going into court asking for money, your credibility is always at issue. Always tell the truth. Always.
Offering Clients Peace of Mind
When you are seriously injured in a defective product accident, you need to know your attorneys are doing everything they possibly can to get you the best medical treatment and fair compensation. You need to know that your legal rights are being vigorously protected. You need to sleep at night knowing you have the best lawyer for your case. We can give you that kind of peace of mind. What lawyer you select makes all the difference in whether you prevail in your Product Liability case. We have been helping workers and their families since the 1980's. We put the client first. Always.
Our Product Liability firm has been effectively handling work injury cases of all types since the late 1980's by putting the client first.
A Guide For You and Your Family
At The Turley Law Firm we promise to guide you through the complex Product Liability legal process. This will allow you the time that is necessary to heal and get better. We will work hard to make sure you do not become a victim a second time by settling for less compensation than what you are rightfully due under the law. Contact us today so we can start helping you.
Priority One: You
One of our bedrock principals is the making you, the client, our number one priority. We know that when the client comes first, we will continue to be a successful law firm. Bill Turley was elected President of Consumer Attorneys of San Diego.
We Believe In Our Work
We believe in what we do. We protect workers and consumers. We believe our job is to fight hard for you. Our job is to fight hard to help you get past your injuries. Our job is to fight hard to help you and your family maximize your compensation for your injuries.
Product Liability Attorneys The Community Trusts
The Turley Law Firm Product Liability attorneys are well known through-out San Diego and California. Our attorneys are recognized as preeminent lawyers.The Biggest Misconception Injured Workers Have of The California Products Liability System
There's a huge misconception about products liability cases that needs to be dispelled right now for you to understand why you'll need a lawyer to fight for your compensation if you have been injured by a defective product.
Just because you were injured by a defective product and have a legitimate injury and cannot work, it does not mean that you will receive fair compensation. That's because compensation is paid by the product manufacture's insurance company, which has an arsenal of lawyers who are paid to deny your claim.
Why Trust The Turley & Mara Law Firm, APLC
* Since 1987, The Turley & Mara Law Firm, APLC has worked tirelessly to help their clients recover. This includes recovering from their Product Liability injury and/or personal injury physically, emotionally and monetarily
* Their firm is respected throughout California's legal community and courts
* Bill Turley is the one of the highest rated San Diego Product Liability Lawyer in San Diego by AVVO
* Chosen Top 10 Personal Injury Lawyer in San Diego
* Elected President of the Consumer Attorneys of San Diego
* Elected to Board of Governors of Consumer Attorneys of California
* Bill is asked to lecture to other lawyers. Bill teaches other lawyers how to practice law.
* Chosen as a Consumer Attorney of San Diego Trial Master
* Super Lawyer 2011-2017