Each state & county in the United States can have its own set of rules and regulations governing Personal injury & product liability cases. If you or a member of your family has suffered injury or death as a result of a 'defective' product, it is critical that you pursue legal action in accordance with state laws. If you live in California and want to learn more about this legal issue, you should speak with a Personal injury attorney. However, before you contact an attorney, here is a quick rundown of the common issues.
What is a 'defective' product?
A product is deemed 'defective' if there is a problem in the design, manufacture, instructions, or warnings regarding its use. You can file a lawsuit at a California court of law if any or all of these three defects are present in the product.
When do you file a product liability claim?
There are certain conditions that you need to meet to file a lawsuit. These are as follows:
• There was a defect in the product;
• The defective product caused injuries or death of the individual(s);
• The flaw existed when the product was in control of the manufacturer;
• The use of the product was as per the instructions or as foreseeable.
Whom do you Sue?
In most cases, the manufacturer is held liable for the damage caused due to a defective product. Yet, there may be other parties too. Suppose you have bought a car. When you face an accident, the airbags don't work properly, and you get injured. You sue the manufacturer of the airbags along with the manufacturer of the car. Your product liability attorney is the right person to advise you on this matter.
What is Strict Liability?
California adheres to the 'strict liability' clause. According to this rule, the manufacturer is duty-bound to know about any defect in the product. It implies that you can sue the manufacturer even if he was not aware of the defect. This is done to ensure the manufacture of safe products.
Is 'Privity' necessary?
As per the product liability laws of California, you need not require 'privity' to file a lawsuit. This means that you need not be the buyer of the defective product. All you need to do is prove that you suffered injuries because of it. 'Privity' is essential only when there is a claim of breach of warranty.
How do you prove the defect in the product?
This is not your task. Contact an accomplished Product Liability Attorney and discuss the case details. They are responsible for getting experts to analyze the product and come up with a detailed report on the defect.
Is there a time limit?
In fact, every product liability claim must be filed within 2years of the injury or death. Contact an accomplished Product Liability Attorney as soon as possible. Otherwise, time may run out.
Mr. Niral Patel is an accomplished Santa Ana Personal injury attorney. Niral Patel Injury Law has been representing victims of injuries for over 26years. From Product liability to Car Accident, our attorneys & legal professionals have the expertise to advocate for your benefits & rights. If you have been wounded & need a specialist attorney to represent you, call 1-805-748-9317 for a free initial consultation.