Serving Northern California
Being injured by a defective product can cause great difficulty in a person’s life. Not only do they have to deal with injuries, but they must also navigate the financial and legal issues that may arise while trying to recover. When you’re dealing with a situation like this, having a strong legal advocate matters. A Chico product liability lawyer from our firm can handle the legal complexities so you can focus on your recovery and getting back to your life. A personal injury lawyer in Chico from Barr and Mudford can guide you through the process, ensuring that your rights are protected while fighting for the compensation you deserve.
At Barr and Mudford, our team is dedicated to helping victims of defective products get the justice and financial relief they need. We understand the toll that a product liability case can bring on a person and their loved ones. We seek to get you the compensation you deserve so justice can be served. Our firm has a strong record of pursuing successful claims for our clients. We strive to protect your interests and hold the liable party responsible.
Product liability refers to the responsibility that manufacturers, sellers, and distributors have when producing and selling products. They are obligated to provide safe products to consumers. California’s product liability laws are designed to protect consumers from defective or dangerous products and ensure accountability when harm occurs. For a deeper look into how these laws apply, you can explore this detailed guide on California product liability laws.
In California, these parties have strict liability. This means the injured party does not have to prove that the party was negligent. They only need to establish that the product was defective and caused them harm.
There are three main types of product liability claims. These determine who was at fault for the defective product.
The first category is design defects. This refers to products that were flawed in their design. This will likely apply to all the products created, rather than only a batch of them. An example of this would be a car that was designed with improper weight distribution, causing rollovers on the road, especially in slick conditions.
The next category is manufacturing defects. Manufacturing defects happen when a product is not manufactured properly, even if the design is safe. Generally, manufacturing defects happen to a batch of a product rather than all of them, such as medication that got contaminated while being assembled.
The final category is a failure to warn. This is also referred to as marketing defects. These claims happen when a product does not have adequate warnings on its labels or proper handling instructions. An example of this would be a cleaning product that would be harmful when coming in contact with the skin. There should be a warning letting the consumer know to avoid skin contact.
When someone files a product liability case, liability typically falls with multiple parties. Because products have a chain of distribution, multiple entities are involved. The primary defendant is typically the manufacturer. This is because the manufacturer is responsible for designing and producing the product. They are also responsible for making sure the product is safe.
However, additional parties may also share some of the responsibility, including retailers, wholesalers, and distributors if they also contributed to the defect or knowingly sold a defective item.
Additional parties may also be held responsible, such as contractors, engineers, and designers, especially if they were a part of the safety testing of the product.
In cases involving medical equipment, the involved pharmacies, hospitals, and healthcare providers may be deemed at least partly responsible, especially if they prescribed a medication incorrectly or gave you a defective medical device or contaminated drug. A product liability attorney can look at the evidence and hold all liable parties responsible to maximize your compensation.
When you file a product liability claim, you must provide evidence to prove your case. Generally, the following must be established:
A: Product liability claims involving manufacturing problems are the most prevalent cases. These happen when a product is manufactured incorrectly and becomes more hazardous than planned.
Manufacturing faults usually result from mistakes made during production, such as contamination, missing parts, or structural flaws. These are different from design defects, which impact every unit of a product. Defective medical equipment, tainted food, and malfunctioning car brakes are a few examples.
To win in a product liability case, you must demonstrate that:
There are three primary legal grounds under which businesses can be taken to court for product liability: strict liability, carelessness, and breach of warranty. Regardless of fault, strict liability holds producers and retailers responsible for faulty goods.
To establish negligence, it must be demonstrated that the defendant did not design, manufacture, or warn about a product with reasonable care. When a product fails to live up to explicit or implied safety or operational assurances, it is considered a breach of warranty and can cause injury.
Thorough quality control, thorough product testing, clear warnings and instructions, and product liability insurance provide the strongest defense against product liability. Strict safety requirements should be incorporated into the design and production process, comprehensive risk assessments should be carried out, and goods should adhere to industry rules.
Misuse can be avoided with clear labeling and user instructions. Having product liability insurance protects firms from costly cases and settlements by offering financial security in case litigation occurs.
If you have been injured due to a defective product, an attorney at Barr and Mudford can pursue the compensation you deserve. Contact us today to arrange a consultation.