Each U.S. State has a specific set of rules and regulations regarding the issue of product liability. If you or someone from your family is a victim of injuries or death because of a 'defective' product, it is imperative to take legal action as per the state laws. If you are a California resident and want to know the basics of this legal claim, it is best to contact a product liability attorney. However, before you talk to an attorney, here is a brief overview of the matter.
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, California. Niral Patel Injury Law has been representing victims of injuries for over 26years. From Wrongful death to Coronavirus Business Insurance, our attorneys legal professionals have the expertise know-how to advocate for your rights benefits. If you have been injured - need an accomplished attorney to represent you, call 1-(805)~748-9317 for a free initial consultation.