Serving Northern California
When you purchase or obtain a product, you have a reasonable expectation that the product will be safe when used as intended. However, there are some instances where a product has a defect and causes injury, illness, and financial strain. In these cases, California product liability laws help individuals recover compensation for their damages and hold the responsible parties accountable.
Product liability refers to the responsibility of manufacturers, sellers, producers, and designers to provide safe products for consumers. Under product liability laws, these providers are under strict liability. Therefore, if someone is injured due to a defective product, they do not have to prove that the responsible party was negligent. They must only show that the injury occurred as a result of the defect.
Generally, victims must prove four elements:
Product liability covers a wide range of products, including:
In California, there are three types of product defects that the law recognizes: manufacturing defects, design defects, and failure to warn.
In California, multiple parties can be responsible for a defective product in a product liability case. Some commonly responsible parties include:
In addition, other parties may be responsible if they were a part of the chain of distribution, such as designers, testing companies, contractors, part suppliers, hospitals, medical professionals, and advertisers.
In California, those who have been harmed due to defective products can seek compensation for three types of damages: economic, non-economic, and punitive.
Economic damages are financial expenses and losses the victim suffered as a result of the injury. These can include medical bills, rehabilitation costs, lost wages, loss of earning potential, and any property damage incurred.
Non-economic damages refer to the emotional and physical damages you suffered from the injury. These aren’t tangible financial items; rather, they are based on the circumstances surrounding the incident. Non-economic damages can include pain and suffering, emotional distress, depression, anxiety, PTSD, and loss of enjoyment of life.
Punitive damages are not as common as the former two damages, but they are given in instances where the defendant was particularly reckless in their actions. The purpose of punitive damages is to deter the offender from future similar behavior. Examples of this include reckless misconduct, failing to issue a recall for a known defect, and knowingly selling a defective product.
The elements of strict product liability in California include proving that:
The plaintiff only needs to establish these elements, not necessarily that the defendant was negligent in their actions.
Manufacturers, distributors, and retailers are held accountable by the product liability rule of law for any defective goods that result in harm. Strict liability, carelessness, or a warranty breach may be the basis for liability. Strict liability holds a business accountable for damages brought on by a flaw, regardless of carelessness or malice.
According to California’s strict liability, negligence, and breach of warranty doctrines, the state permits customers to bring claims against producers, distributors, and retailers for harm brought on by faulty goods. Because California takes a consumer-friendly stance, plaintiffs only need to demonstrate that the product was flawed and harmful, not that they were negligent.
Companies are usually held accountable in California for defective items as long as they cause injury within the allotted timeframe. Generally, consumers have two years from the date of the damage to bring a product liability claim.
The discovery rule, however, may prolong the reporting date for latent faults or problems that are not immediately apparent. Although a company’s responsibility does not last forever, it may be impacted by product recalls and continuing safety hazards.
If you were injured due to a defective product, Barr and Mudford can fight for the compensation you are due. Contact us today to discuss your situation.