ArticlesWhen a product harms a consumer, the injured person can open a defective product claim to sue for product liability. Generally, the at-fault party is the product’s manufacturer or seller. California’s strict liability laws protect product liability, claim plaintiffs.
Defective Product Claims Liability
In California, product liability claim plaintiffs can bring their lawsuits based on three theories of general liability: strict liability, negligence, and breach of warranty.
What Is Strict Liability?
California case law says that a manufacturer or seller is liable for their products’ defects when they place their product on the market and a consumer is injured.
For a product to be considered defective, the following must apply:
- The consumer was using the product in a reasonably foreseeable manner;
- The product was defective when placed on the market; and
- The defect caused the person’s injuries.
The defect could have been due to improper manufacturing or design or a lack of sufficient safety warnings.
A plaintiff can show manufacturing defects by establishing that the individual product deviated substantially from the intended design because of the manufacturing process. A design defect means that the very concept of the product is fundamentally flawed.
The plaintiff does not need to prove the defendant’s negligence in a strict liability case; a manufacturer is responsible for injuries simply by putting the faulty product on the market.
Other Ways to Recover
Alternatively, injured people can also bring a defective product lawsuit in California based on negligence and breach of warranty claims.
Plaintiffs can include these arguments with their strict liability claim to strengthen their case and cover all their bases. Proving negligence requires the plaintiff to show that:
- The defendant had a reasonable duty of care to their consumer;
- They breached that duty;
- Their breach caused harm to the plaintiff; and
- The plaintiff suffered quantifiable damages.
In breach of warranty claims, the plaintiff must show that the seller or manufacturer breached either their own express warranty or an implied warranty of merchantability. An express warranty includes representations the seller or manufacturer made about their products that consumers relied upon.
An implied warranty of merchantability means that the goods are of acceptable quality and fit for their intended purpose.
The Farzam Law Firm’s Experienced Defective Product Lawsuit Attorneys Are Here for You
Clearly, it is easy to see that manufacturers and sellers are likely liable for their defective products. In more complex cases, defendants can also include wholesalers, online distributors, and other involved parties.
Your Farzam Law Firm product liability lawyer will investigate your claim and discover who should be involved in the lawsuit. We also work with some of the best experts in the field who will evaluate the products and testify as to their defects.
Farzam Law Firm attorneys are competent and knowledgeable trial attorneys who will aggressively pursue your claim to fight for the compensation you deserve for your suffering and injuries.
Contact us today to schedule your free consultation.
Joseph Farzam
Mr. Farzam attended Santa Monica high school and worked at McDonald’s and local coffee shops to support himself. Although he worked 2 or 3 jobs, he valued education greatly and earned a bachelor’s degree from California State University, Northridge in biology, and attended the prestigious Pepperdine University School of Law. He graduated with high marks and passed the California bar exam on the first try. Mr. Farzam has received the coveted titles of Super Lawyer, Los Angeles Magazine’s Top Lawyers, and has received The Litigator Awards. He is a proud member of the Consumer Attorneys Association of Los Angeles (CAALA) and California Employment Lawyers Association (CELA).
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