Products liability refers to holding a manufacturer or a seller responsible for placing dangerous or defective products into the hands of consumers. Product liability cases tend to be more complex than general personal injury cases. Moreover, each state has its own set of consumer protections that cover negligence, strict liability, and breach of manufacturer's and sellers’ warranties, so hiring a personal injury law firm with experience handling these types of cases is key.
Product liability litigation can take many forms, from catastrophic personal injury claims to class actions and complex tort actions. Regardless of the complexity or exposure, The Javid Trial Firm has the experience and resources to take on the biggest defendants like auto manufacturers and nationwide retailers. Our legal team has represented and recovered millions of dollars for clients in products liability cases brought against manufacturers, distributors, retailers, and other businesses involving defective design, defective manufacture, and failure to warn issues in cases involving automobiles, consumer recalls, and defective household products.
If you or a loved one were injured by a defective product, contact The Javid Trial Firm today to learn about your legal rights.
Product Liability Claims
In California, there are two main legal theories upon which one can base a product liability lawsuit: negligence and strict liability. In a suit brought on grounds of negligence, a plaintiff must prove that the defendant was negligent in creating or manufacturing the product. Negligence is any act or failure to act that causes a person or company to breach their duties of care to consumers. A company can be found to have been negligent in its training procedures, manufacturing regulations, or safety protocols.
A manufacturing error occurs when a mistake is made while creating a product that makes an otherwise safe item dangerous. A good example of a manufacturing error is a swing that comes off the assembly line with a missing link, or a faulty car part. Manufacturing mistakes made during any phase of the manufacturing process can result in an unreasonably dangerous product.
A marketing defect is a failure to warn the consumer of known hazards. If a company knows or reasonably should have known about a hazard an item poses, it has a duty to warn consumers of that hazard. If they fail to do so and that failure causes a consumer injury, then that consumer has grounds for a strict liability lawsuit.
Strict liability laws allow an injured party to sue for damages without having to prove the manufacturer’s negligence. A company will be held liable for damages caused by a defective product if it has one of three main types of defects: inherent design flaws, manufacturing errors, or marketing defects. This liability will attach regardless of whether the defendant was negligent in creating or manufacturing the good.
Design flaws are mistakes the company makes in the design of an item; for example, an electronic children’s toy that catches on fire when left out in the sun.
Product Liability Results
The successful prosecution of a products liability case requires the specialized expertise of attorneys who understand the intricacies of the design, manufacture and testing of goods, and have a mastery of the complexities of product liability law. The Javid Trial Firm specializes in representing plaintiffs in these types of cases and has helped their clients recover millions of dollars in damages.
- $1 Million - Product Defect Case
If you or a loved one has suffered any injury caused by a defective product, contact The Javid Trial Firm today to learn about your legal rights.