Product Liability
Steven Peck’s Premier Legal has successfully helped many clients who have suffered injuries or other damages because of a defective or dangerous product.
Product liability law allows the victim of a product liability injury to hold either the seller and/or manufacturer responsible for making the product or consumer good available to consumers. Sellers and manufacturers are also held responsible if the product or consumer good leads to an injury or death.
Any product that is manufactured and proves faulty can qualify as defective. In addition to tangible products, certain real estate (houses and buildings), certain intangibles (gas), and writings (how-to manuals) can also be considered defective products under product liability law. In order for an injury resulting from use of a defective product to merit a personal injury lawsuit, however, the injury has to have happened because there was something wrong with the product.
Causes of Product Defects:
Design Defects: Errors in design can lead to defective or dangerous products. A manufacturer may not realize that their product is defective until after it has entered the consumer market and caused injuries to hundreds—if not thousands—of people.
Defective Manufacturing: Errors or problems which result during production of the product can cause defects in a product, which can lead to injury.
Inadequate Testing: Insufficient tests or improper standards of testing may cause a manufacturer to miss certain defects in a product, leading to many consumers being harmed or killed.
Marketing Misrepresentation: Inaccurate marketing, incomplete prescription labels, difficult to follow instructions, and inaccurate information can lead to a product liability injury.
Who May Be Liable for a Defective or Dangerous Product:
- Distributor
- Seller
- Lessor
- Manufacturer
- Wholesaler
- Retailer
When filing a products liability lawsuit, one of the following legal grounds must exist:
- Breach of warranty. This means that the seller did not uphold their guarantee regarding a product. Companies are legally obligated to uphold the claims they’ve made in a warranty.
- Strict Liability. A seller or manufacturer is held liable for any significant injuries resulting from a product defect. The degree of the defendant(s) carefulness is irrelevant. All that matters is that the product was defective and led to injury or harm.
- Negligence. This includes negligence in design, testing, manufacturing, and marketing.
- Misrepresentation. This takes place when a person is injured or killed because a product was misrepresented as less dangerous or other than what it is (or can do) through false or inaccurate advertising and/or marketing.
In the state of California, if you were injured on the job because of a defective or dangerous product, such as faulty machinery or defective work materials, equipment, or tools, you may be able to file a California Workers’ compensation case You may also have significant legal rights against third parties, other than your employer, who may have caused injury to you or a loved one.
We invite you to call us, toll-free, at (866) 999-9085 or at (818) 908-0509 to speak to a Steven Peck Premier Legal attorney. After more than 20 years serving clients, we have the experience and knowledge to successfully represent you for your product liability claim.
Our Senior Attorneys are strategically located across California, with many of our clients residing in San Diego, San Fernando Valley, San Bernardino, Van Nuys, Sherman Oaks, Orange, Santa Barbara, Riverside, West Los Angeles, Encino, Los Angeles, Ventura, Woodland Hills, and San Gabriel Valley. We also can be found in Central California and the San Francisco Bay Area. For answers to your questions, please feel free to write us via email.