As consumers, we trust that our everyday products will not malfunction and harm us. Unfortunately, this is not always the case. If you suffered a severe injury due to a defective, hazardous, or faulty product, you could be able to receive compensation for your losses. Through a product liability suit, you could hold the companies and individuals liable for the dangerous products they allow into the market.
Defective products can come in various forms, from cars to construction equipment to children’s play toys. When these products are defective, an experienced injury lawyer could help you hold the responsible parties accountable. Reach out to a Stockton defective products lawyer today to discuss your case.
What is a Defective Product Claim?
A defective product claim arises when someone becomes injured or dies due to a faulty or hazardous product. You could have a defective product claim even if you were not the owner or purchaser of the dangerous product, so long as you were injured by it. Defective product claims typically fall into one of three categories.
Design Defect Claims
Design defect claims involve a problem with a product that is present from the conception of the product. These defects are present in the entire product line because the issue stems from the product’s original concept or design rather than the manufacturing.
There can be many types of products that could have design defects. For example, a vehicle may be designed in a way that makes it have an unreasonable propensity to roll. Additionally, a children’s car seat may become unsecured when force is applied to it, an issue that could have been addressed during product design.
Manufacturing Defect Claims
A manufacturing defect claim involves a problem that occurs in the production of a product. The defect is typically only found in a limited number of items. A common cause of a manufacturing defect is a bad batch of one or more of the components that make up the product. Examples of manufacturing defects could be a heating pad with faulty wiring or a food product batch that is tainted by harmful ingredients.
Failure to Warn Claims
Failure to warn claims involve the instructions, warnings, or marketing materials that a company provides with a product or while marketing a product. Here, a company fails to provide adequate warnings about a potentially dangerous use or aspect of a product.
These claims often arise when a brand fails to warn consumers about the dangers of known drug interactions or specific risks to children. A Stockton attorney well-versed in dangerous products cases could assess the nature of your injuries and help you determine who may be liable.
Strict Liability in Stockton
Typically, in cases alleging another party caused an injury, the injured individual must prove negligence. However, in some cases, under state law, a product designer, manufacturer, or seller may be held strictly liable for injuries caused by a defective or dangerous product. Strict liability means that an injured individual does not have to allege or prove negligence on the part of the parties involved, but the product must have been used in a way reasonably foreseeable to its designers, manufacturers, and sellers.
It is critical to determine the parties liable for the injuries caused by a defective product in a timely manner as California Code of Civil Procedure § 335.1 provide only two years for the filing of a defective product claim. As such, it is recommended that you discuss your product liability case with a knowledgeable local attorney to ensure that you have the best chance at recovery.
Review Your Legal Options with a Stockton Defective Products Attorney
It can be incredibly frustrating when a trusted product causes severe injuries to you or a loved one. Following a faulty product injury, it is essential to seek the help of a seasoned attorney to evaluate your case. A Stockton defective products lawyer could help answer any questions you may have and work to obtain the compensation you deserve. Call today to schedule a free consultation.