When an unsuspecting consumer is injured by an unsafe or defective product, it can have a devastating effect on his or her life. Whether the injuries are temporary or permanent, they are nevertheless painful, and treatment of those injuries can leave a victim financially crippled. Although many people do not realize it, consumers are afforded great protection in California, and are entitled to compensation for physical and financial injuries caused by an unsafe or defective product. Our San Diego product liability attorneys have a commanding knowledge of the California law in this area which we will use to help you with you case.
Product liability refers to a company’s legal obligation to make its products safe for consumer use. Where a product is unsafe and subsequently injures someone, a lawsuit may be filed against any and all responsible parties within the chain of distribution, including the manufacturer, distributor, supplier or seller of that unsafe or defective product. There are three distinct types of claims that our San Diego injury attorneys may file against the responsible parties: defective product design, defective manufacturing, and failure to warn.
Defective Product Design
When a product has a design flaw that causes injury to a consumer, user or bystander, the injured persons may file a product liability claim against the parties that are responsible for creating that defective condition. In California, a product is defective in design if (1) it fails to perform as a reasonable consumer would expect it to when used as intended or in a reasonably foreseeable manner, or (2) the risk inherent in the challenged design outweighs the benefits of that design. If either of these tests are met, the product will be found to be unreasonably dangerous. The party responsible for creating that dangerous product will then be deemed to have failed in its legal obligation to make its product safe. If such a case exists with your defective product, our San Diego accident lawyers will fight to make sure you receive the compensation which you are justly entitled to for your pain and suffering.
Defect in Manufacturing
A product has a manufacturing defect when it does not meet the design specifications, and that nonconformity causes the product to malfunction and injure the user. If a manufacturing defect exists, the product will be deemed to be unreasonably dangerous, and the party that caused that defect will be liable for failing in its legal obligation to make its product safe. Our San Diego injury lawyers have handled numerous defective manufacturing cases with great success.
Failure to Warn
If a product contains inadequate warnings regarding the dangers associated with its proper use or improper misuses, that product is considered to be defective. These warnings are necessary for consumers to understand the risks involved in using certain products because, if they do not understand these dangers, there is no way for these consumers to avoid injury. For this reason, a product that does not contain warnings or contains inadequate warnings will be deemed unreasonably dangerous, and parties responsible for providing such warnings will be held liable for failing to make the product safe for consumer use. If you have been seriously hurt due to an accident caused by a product that failed to warn of potential dangers, contact our San Diego accident attorneys to discuss your case today.
How our San Diego product liability lawyers can assist you with your claim
Clearly, product liability cases involve very complex issues, and require a great deal of investigation into the cause of the accident. For these very reasons, our San Diego accident lawyers consult with industry experts, engineers, accident reconstruction specialists and medical professionals to determine whether the product in question was unreasonably dangerous. Our experience in product liability litigation has taught us that a strong product liability case can only be built upon thorough investigation into the cause of the accident, a complete understanding of the intricate laws governing product liability, and attorney diligence. This is exactly what Berman & Riedel, LLP offers, and, as a testament to our success, our San Diego product liability attorneys have routinely obtained the maximum recovery possible for our product liability clients.
If you or a loved one has been injured as the result of a defectively designed or manufactured product or due to the manufacturer’s failure to warn of the dangers associated with the product, Berman & Riedel, LLP, can offer the experience and skill necessary to provide you with sound advice on how to protect your legal rights. Contact a San Diego injury attorney at Berman & Riedel, LLP, to discuss your legal options.
