Product liability

Every year in California, thousands of cases regarding accidents or problems due to commercial product defects are filed. However, thanks to the Product Liability Law, citizens are protected in unfortunate situations that arise with a defective product.

Responsibility for defective products may fall on different companies involved in the manufacture or distribution of the product until it reaches the consumer. Among the accused may be manufacturers, suppliers, and/or sellers.

If you suffer from an accident or illness caused by a product, you may claim compensation from these responsible parties. They would have to cover medical and hospital expenses, lost wages, suffering, and the incapacity to work derived from the accident. It is important to remember that, to be protected by this law, you must file the claim up to 2 years after having suffered the accident with the product.

Different types of product liability claims must be taken into account when presenting the evidence required for the claim, these are:

  • Design defects: These are defects that occur in the product’s design, which can make it unsafe for the consumer to handle.
  • Manufacturing defects: These are errors made during the manufacturing process that can cause deficiencies that are not seen with the naked eye but represent a problem for the use of the product and can cause accidents.
  • Marketing defects: These defects are related to the labeling of the product, how the product is advertised, lack of instructions for its use, or the error of not adding warnings to the product.

 

In case of being injured by using a defective product, always try to document with photographs or videos what it caused you and keep the product as evidence when filing your claim.