These days if a product is defective and causes someone harm, then products liability law kicks in. You may have seen the many examples in newspapers.
If you haven’t heard about the term “products liability,” you’ll find it plastered all over the news media these days. It seems like not a day goes by when something goes wrong with an item manufacturers are selling to the public.
The short version of what products liability means is that it’s a legal cause of action launched against the makers of a product, and/or anybody in the long distribution chain that sells that item with a manufacturing design defect, a manufacturing defect, or is defective because of someone else’s negligence in the chain. The end result of this is usually injury to a consumer – the end user. When in doubt about an injury you sustained due to a product, call a Sacramento personal injury lawyer.
Let’s take a closer look at what could constitute a defective product. This could be the result of the manufacturer failing to warn people about a risk they “knew” about, but didn’t tell consumers. It could also be the fact that they didn’t provide a proper warning label. Keep in mind here that not “every” dangerous use of a product can be put on a label, or in some cases you’d have a book for a label.
The news has been filled with a deluge of defective products including the Toyota Prius (and other vehicles made by them) recalls, Infantino baby slings, asbestos cases, SUV rollovers, painted wooden beads, and Evenflo Top-of-Stair Plus Wood Gates due to fall hazards. The list is substantial and may very well make you wonder what in the world is wrong with manufacturers these days. Good question.
It’s a good thing there are personal injury lawyers who take these cases to court, or there would be a lot of dangerous products on the market. Unfortunately the push and shove to make money in any way possible seems to have gotten in the way of manufacturing ethics and integrity.
The list of defective products is stunning for more than just the fact of how long it is. It is unfortunately silent on thousands of defective product cases that no one reported because they didn’t know they were hurt by a product that was inherently bad.
Product liability cases usually need the presence of expert testimony to prove there was indeed a design defect or manufacturing defect in the product in question. However, this does depend on the state in which you live. Of note, in California, products liability cases are referred to as strict liability actions provided the plaintiff meets the burden of proof. This means you don’t need to show negligence on anyone’s part in the chain of distribution.
When it comes to the bottom line, if you have been badly hurt while using a product, you need to talk to a skilled Sacramento personal injury lawyer who can analyze the facts and figure out if you have a case or not.
Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento personal injury lawyer in California. To learn more, visit www.lawbarron.com.
