Product Liability in California
Under California law manufacturers, distributors and sellers of commercial products have a responsibility to consumers to ensure their products are safe for consumer use. The examples of product liability claims can include unsafe children’s toys, defective autos and auto parts, faulty kitchen, defective motorcycle gear, appliances, defective pharmaceutical drugs, specialized equipment and tools for manufacturing and construction. These are important factors of Product Liability in California.
How to Know if a Product is Defective
When a product is more dangerous than a reasonable user would expect, then you can claim the product to be defective. The product is defective in case the consumer is using it in an ordinary way for which of its intent, but it causes injury because of essential fault in the product itself. However, if the consumer uses a product in a dangerous and unusual way, the product cannot apply to it being defective.
What are the Main Types of Defects?
There are the three main types of product liability claims in California, which include, design defect, manufacturing defect, and marketing/ advertising defect.
A design defect occurs when a product fails to perform as safely as a consumer expects, and the risk of its danger outweigh the benefits of the design. Defective designs have created dangerous products as child products, medical devices, safety products and much more. Defective design claims must include a proof that the whole product line is unsafe, regardless of the fact that the dangerous product is in accordance with the manufacturer’s specifications.
A manufacturing defect takes place when the product differs from the manufacturer's specifications and design, or it differs from other units of the same product line. Manufacturing defects can make a product too dangerous to use. A plaintiff must prove there is a flaw in the manufacturing process, and product is different from the manufacturer's design and it is different than the prototype.
A marketing/ advertising defect is when a company can be liable for advertising a product for a purpose for which it was inappropriate or for failing to include proper warnings or instructions with the product. Companies are responsible to market their products in a safe manner. Marketing a product without promoting off-label use of a product or sufficient warning labels are examples of a marketing defect.
What Happens if a Company Fails to Warn?
According to California strict product liability, a defendant who is aware that the consumer is using the product in a reasonably foreseeable manner that exposes him to a risk of injuries needs to warn the consumer of the risk of injury or harm. The defendant can be liable for failure to warn when such failure could have been a different outcome. So, in case a typical consumer would have become aware of the risk of injuries or harm on his own, then the defendant can’t be found liable for failing to warn of an already-known hazard.
Who Can be Held Responsible for Defective Products?
In California different parties in the distribution chain can be liable for a defective product. Defendants can include, product manufacturer and designer, distributor, parties that assemble or install the product, and retailers.
In the case that someone has suffered due to a defective product, the first thing a person should do is see a doctor and receive sufficient treatment for his injuries, the next thing a person should do is document the defective product by using a camera to photograph both his injures and the defective product. If anyone saw the accident, person should also record their testimony and contact information, lastly it is very important to stop using the defective product and put it with all labels and packaging in a safe place. In case a person is aware about the defect but is still using the product, he can lose his right to make a claim against the defendants.
Strict Liability and Negligence in California
The type of product liability claim determines what a person must prove for winning his case.
In some product liability claims a consumer must prove that the defective product's distributor, manufacturer or seller was negligent. Other product liability claims a consumer is only required to prove that the product was defective. In product liability claims that are based on negligence, a person must establish that a distributor, manufacturer or seller owed a duty or responsibility to him as a consumer, and they breached that duty.
In product liability claims that are based on strict liability a person must only prove that the product that caused an injury to him was defective. Then distributor, manufacturer or seller must be able prove that the harm was due to abuse, modification or misuse of the product. So a person doesn’t have to prove that the company was negligent, only that the product was defective.
Elements the Plaintiff Must Prove During a Product Liability Lawsuit in California
Generally, a plaintiff must be able to establish the following elements, to prevail on a claim for products liability in California, defendant designed, distributed, manufactured, or sold a defective product, product contained the defect when it left the defendant's possession, plaintiff used the product in a reasonably foreseeable manner, as a result of the defect the plaintiff suffered harm.
If the above mentioned elements are proven, a plaintiff may be eligible for compensation. The plaintiff may recover for economic damages, these include costs of medical treatment, rehabilitation, nursing care and lost wages. They can also recover for non- economic damages, these include pain and suffering that are difficult to value in terms of money. These damages are very subjective and usually depend on the harshness of the injury and the degree of care that the distributor, manufacturer or seller took to protect the consumer.
For More Assistance...
If you or someone you know would like to file a product liability lawsuit in California, contact the attorneys at KAASS Law at 310-943-1171. They can provide you with legal assistance by taking a look into your situation.
Related Articles
View All Posts
Child seats save lives and protect the most vulnerable passengers in motor vehicles. Young children must also ride in proper booster and safety seats for their height, weight, and age in California. However, defective car seats and boosters can cause significant injury and even death to young children.
Common Booster and Safety Seat Defects
According to state laws and regulations, all children under the age of eight must be in an appropriate car seat, with certain exceptions for older children whose parents are in the vehicle. To guarantee that tiny children are safe in the case of an accident, these standards differ based on the child's age and weight. While victims of catastrophic automobile accidents nearly always experience some injuries, the assumption is that a child safety seat, booster seat, or harness should decrease these risks and save the lives of little children. When car seat and child seat manufacturers fail to regard kid safety, the civil court system can frequently find them legally accountable.
Our Lawyers Can Represent Clients Whose Children Have Injuries
- Driver seatbacks that collapse and injure children in the back seat,
- Backless booster seats that provide no head or neck protection,
- Shield-type booster seats that allow children to hit their heads or slip out of the seat,
- Convertible child carriers that come apart,
- Insufficient designs on car seats.
Car Seat Industry Safety Standards Are Inadequate
Part of the problem with child car seat injuries stems from the absence of proper safety requirements for car seat manufacturers. There are presently no industry-wide regulations for safe performance in a kid seat in a rear-, side-, or rollover collision. Children who are too big for a child seat but too tiny to be securely secured by the vehicle's seat belt system are also in danger of harm.
What Can I Do to Avoid Purchasing an Improper Child Car Seat?
It may be upsetting when you rely on a product to keep your children safe, and that product fails. Keep up with safety recalls and unfavorable publicity for any seats or manufacturers to avoid purchasing a faulty kid car seat. The NHTSA offers a webpage dedicated to informing customers about the most recent recalls.
What Causes a Defective Child Car Seat?
The following are examples of common car seat flaws:
- A shattered foundation,
- Handles that are defective,
- Latch failures,
- Failure to properly lock and unlock buckles,
- Flammable substance.
If you're tempted to buy or give away an old car seat, resist. Child car seats have a shelf life. You will not be penalized or charged if you use an expired or used car seat. They can develop cracks and lose their straps with time, resulting in catastrophic failure in an accident. Also, do not purchase a secondhand child car seat from the internet. You don't know the seat's history, which puts your child at risk in an accident. When your children are close in age, this is an exception. You can hand it down to the younger child as long as the seat is still safe to use.
Defective Child Car Seats Can Lead to Catastrophic Injuries
Child car seats are designed to safeguard young passengers during vehicle crashes. Unfortunately, when these products are defective, such as collapsing seatbacks, faulty buckles, or poorly designed boosters, the consequences can be devastating. A lack of federal safety standards for side, rear, and rollover collisions further increases the risk. Manufacturers may be held liable if their negligence contributes to a child’s injury or death. At KAASS LAW, we’re committed to holding them accountable and protecting your family’s rights.
Get Legal Support for Child Car Seat Injury Cases
If your child was harmed due to a defective car seat, you deserve justice. Our attorneys at KAASS LAW understand the emotional and financial toll these cases can bring. We use our legal experience and investigative resources to pursue maximum compensation for families affected by design flaws or manufacturing failures. Let us help you hold negligent companies responsible. Call us at 310-943-1171 or explore more of our legal services online.
Fighting for Defective Child Car Seat Victims
Children who survive a vehicle accident with a faulty safety seat may miss out on a lifetime of chances ranging from lifelong paralysis to traumatic brain damage to spinal cord injuries - and regrettably, many of the tiniest children cannot survive such a crash at all. Our experienced personal injury attorneys at KAASS LAW have considerable investigative tools to assist you in exploring all legal options following a tragic death or catastrophic injury. You can contact us at 310-943-1171. We believe in finding justice for families and ensuring that no parent has to endure the same pain because we've seen firsthand the devastation that vehicle faults can bring. You can rely on our team to offer the compassionate representation you need following a vehicle accident. Visit this link to be introduced to our additional practices.
Product liability is a common cause of wrongful death. The loss of a child can be a tragedy beyond comprehension for the parents who must go through it. Toys for kids are a constant source of damage and health concerns. The carelessness of toy producers, distributors, and retailers results in kids' injuries every year. No matter how old your child is, an accident brought on by a hazardous or defective toy can have long-lasting effects. According to a child psychologist, such an encounter may negatively affect a youngster's behavior and associations with various things and situations.
What Injuries Can A Kid Suffer From Defective Toys?
Among the injuries brought on by product liability are:
- Eye damage
- Choking accidents
- Discoloration and scarring
- Head trauma
- Fractures and broken bones
- Asphyxiation
- Psychological harm
- Wrongful death
What Are The Safety Standards For Children's Products And Toys?
Kids regularly throw toys, stuff them in their mouths, and mistreat them in general. Because of this, toy producers and merchants need to handle children's toys carefully. Unfortunately, businesses produce dangerous toys all too frequently, which can lead to lead paint exposure and choking concerns. Then they fail to give parents enough caution. Children may consequently sustain critical injuries or possibly pass away.
Product Liability the Reason of Wrongful Death
In general, three types of flaws can result in a product liability claim:
- Defects in product design. Mass product recalls of defective products can occasionally result from design flaws.
- Manufacturing defects are mistakes during the assembly or production of a particular product. An error in manufacturing suggests that other items with the same design did not cause malfunction.
- Marketing defects are those that occur from a user not receiving adequate instructions on how to use a product safely, which causes a fatal accident.
How To Determine Whether The Product Is Defective Or Not?
Compliance With Safety Testing Guidelines And Procedures
Toy designers and producers must abide by industry guidelines while creating new toys. These parties may be held accountable for injuries caused when they fall short of acceptable standards.
Defective History of the Business or Product Line
Allegations of present flaws may be supported by documentation of past defects and injuries. This data can also demonstrate that the manufacturer was aware of potential issues and risks.
Age-Appropriate Recommendations
Age recommendations help consumers to determine when they should use them. When buying toys for their children, parents rely on these rules. Improper categorization can put younger children at risk. Types of paints and chemicals used in manufacturing Younger kids, in particular, frequently put items in their mouths.
Adequate Instructions and Warnings
Toys come with warning labels, instructions, and age designations to help parents. When these guidelines are insufficient, kids could damage themselves by using the toy in an unsafe way.
Easily Disassembled Toys
Some toys that are simple to disassemble can be hazardous. The toy's little bits pose a risk of choking. Electric burns or shocks can also result from small electronic components.
Who Can Be Liable for a Wrongful Death Caused by a Defective Toy?
A toy may have a flaw at any point during its development, production, or marketing. Anyone involved in the supply chain could potentially be held accountable if a child is killed in an accident brought on by a defective product, including:
- The product's creator
- The company that makes any component of the product, such as the brakes on a car,
- The one who put the item together The wholesaler
- The store where the consumer actually purchased the good
Financial Compensation for a Wrongful Death
Our wrongful death lawyers at KAASS Law are devoted to ensuring that you get the compensation you deserve. You might be entitled to compensation for the following damages if you file a claim with our legal firm:
- Future and Past Medical Expenses
- Lost Salary
- Loss of Potential Future Wages
- Distress and Suffering
- Emotional distress (such as PTSD, depression, and anxiety)
- Punitive Damages
Contact KAASS Law Experienced Wrongful Death Attorneys Today!
Helping our clients acquire the financial means required to pay for medical care and rehabilitation services is a top concern for our lawyers. Through conversations with your child's doctor or other medical experts, we will learn about your child's medical requirements and pursue financial compensation for all additional economic and noneconomic damages in addition to medical costs. Call us now at (310) 943-1171
When you buy a product made by a corporation, you anticipate it to function in a particular way. The directions on the product label and the ads for the product are typically the foundation for this assumption. When a product does not perform as the instructions direct it to and results in a fatality, a wrongful death case may begin with the help of a wrongful death attorney. A wrongful death lawsuit in this case would be based on the theory of product liability. Understanding how the law works and when a situation like this might be brought under it is crucial.
Product Liability Lawsuit Types
According to California law, depending on the kind of product's flaws, it is normally possible to launch three different forms of product liability claims. Take a peek at these now.
Manufacturing Defect
If a manufacturing error was a cause of death, you can file a lawsuit against the manufacturer. An example of that is car breaks. They might have not properly made and failed to bring a car to a full stop. Liability will be on the manufacturer if that happens. A wrongful death lawsuit based on manufacturing defects must demonstrate that the defect directly caused the incident or injury that resulted in the fatality. It must be proven that no other factors contributed or that the other contributing factors were not as significant as the defect itself.
Design Defect
To file a lawsuit for design defect you need to provide evidence that the product is defective. To file a wrongful death lawsuit the accident has to result in death. Liability will be on the manufacturer if that happens. You will need to demonstrate that the flaws were big enough for the person to be in danger. Examples of Design Flaws Include:
- Airbags that aren't working properly. The purpose of an airbag's design is to protect a car's occupants in the case of a collision. An airbag has a clear design flaw if it hurts the passengers instead of protecting them.
- Defects in Weapon Design. Handguns often have safety features. A design flaw in a pistol can result in injuries and deaths if it fires on its own. Such weapon flaws, which have traditionally existed in the creations of top arms producers, may give rise to product liability claims.
Problems with Label Warnings
California law requires businesses to make any potentially hazardous components of a consumer product explicit. A product liability lawsuit can be filed if a company fails to clearly warn consumers about any harmful components.
Product Liability Lawsuit Punitive Damages
If a manufacturer or business may be liable for punitive damages. That is if it is aware of the dangerous flaws in a product and continues to sell it. These damages are in addition to any personal injury or wrongful death damages sought for the harm caused by the product. It is best to consult with an experienced wrongful death attorney. They can help determine whether punitive damages are appropriate in your product liability lawsuit.
Choosing a Reliable Los Angeles Wrongful Death Lawyer
A wrongful death lawsuit stemming from product liability issues can be legally complex. If you have lost a loved one as a result of a defective product, do not wait to contact us. You should contact a qualified lawyer as soon as possible. At Kaass Law, we assist you in gathering the necessary evidence to support your product liability claims. We also work with you to ensure that the responsible company pays the full extent of your tragic loss. Contact our office for assistance at 310.943.1171 or visit our website for other practices.
