When you purchase a product for your home, yourself, or your family, you expect it to do the job it is intended to do and likely do not give it much – if any – thought in relation to safety. We expect the products we buy to be safe for use as advertised, and when they are not, the results can be devastating.
If you or someone you love has been harmed by a consumer product, an experienced Long Beach product liability lawyer near you can help.
Product Liability Claims in Long Beach
California imposes strict liability concerning product liability claims, which means the company or entity that designs, manufactures, or sells the faulty product in question is strictly liable for the losses it causes. This is true even when there is no negligence involved.
This strict liability can be implemented for consumer goods that are rendered dangerous in any of the following ways:
- Through defects in manufacturing
- Through defects in design
- Through inadequate warnings or instructions
While personal injury claims require negligence on the part of the defendant, this is not the case when strict liability is imposed, such as in product liability claims. Defective consumer goods can be so dangerous that the law takes a firm stance in protecting consumers.
Some examples of products that can cause serious injuries include:
- Baby products
- Personal hygiene products
- Building materials
The Necessary Elements of Your Product Liability Claim
In order for you to bring a successful product liability claim in Long Beach, there are four legal elements – or requirements – that must be present. These include:
- The at-fault party must have designed, manufactured, or sold the faulty product.
- The faulty product must have already been defective when it left the possession of the at-fault party (it was not rendered faulty after the fact).
- You must have used the product in the way it was intended to be used – or in a reasonably foreseeable way by the at-fault party.
- As a result of the product’s defect – whether a defect in manufacture, design, or warning – you suffered legal damages (the physical, financial, and emotional losses addressed by the law).
If you can demonstrate that each of these elements applies to your product liability claim, you can move forward in pursuit of the compensation to which you are entitled. Having the professional legal guidance of a dedicated Long Beach product liability lawyer in your corner is in your best interest.
In California, those responsible for putting consumer goods on the market are required to think ahead in terms of how their products will be used. This can include misuse if the specific brand of misuse was reasonably foreseeable – or should have been.
While there are dangers inherent to almost every product we use – and risks cannot be totally eliminated – those who create, make, and sell consumer goods are responsible for employing the reasonable precautions necessary to mitigate the harm they are capable of causing.
Such precautions can include:
- Inspecting products for defects
- Anticipating how products are likely to be used
- Including warnings that are adequate to alert consumers to the risk involved
If you or someone you care about is harmed by a faulty consumer good, the issues in your product liability claim will be whether the at-fault party employed the reasonable precautions necessary to help protect consumers like you and whether your use of the product in question was reasonably foreseeable or to be expected.
Defective by design
When products have a design defect, it means that the product in question fails to perform in the safe manner that is expected by consumers, and the danger involved outweighs the design’s benefits.
In order to bring a successful defective design claim, you must prove that the product itself is unsafe due to its design (in spite of the fact that it was manufactured according to plan).
Rendered defective during manufacture
Sometimes, a product’s design meets all the required safety standards, but the manufacturing process renders the product defective and, therefore, unsafe. These products differ either from the manufacturer’s specifications or from their counterparts in the product line they come from.
Defective in relation to adequate warning
Occasionally, manufacturers fail to advertise or market products appropriately – giving consumers the wrong idea regarding usage or safety. At other times, manufacturers fail to include the appropriate instructions or to prominently display the warnings necessary to promote a product’s safe use.
Reach Out to an Experienced Long Beach Product Liability Lawyer Today
The product liability lawyers at One Law Group in Long Beach dedicate our practice to skillfully advocating for the rights and rightful compensation of clients like you. To learn more about how we can help you, please contact or call us at 310-923-9420 today.