The Concept of Products Liability in San Diego
Defective and unreasonably dangerous products injure consumers in San Diego every day. As a consumer you have a right to feel safe after you purchase a product and take it home for your loved ones to use. Product liability laws in San Diego have established the premise that manufacturers and distributors alike have an obligation to protect consumers from unreasonable dangers in the use of their products by not placing a defective product into the hands of their consumers. San Diego courts have decided that as manufacturers of the product, these defendants are in the best position to ensure their safety features and assume financial responsibility for any defects that cause harm to third parties. Products liability is a legal concept made up of the following four main elements: First, a manufacturer has a legal duty to distribute safe and operable products. Second, a manufacturer breaches this duty either intentionally or inadvertently when he permits the consumer to purchase a defective product that is unsafe. Third, the consumer is injured as a result of the manufacturer’s breached duty. This can either be a personal injury or it can be property damage. Fourth, there must be a causal connection between the merchant’s breached duty and the injuries suffered by the consumer, for the manufacturer to compensate the consumer. If you or a loved one have been injured in San Diego by a defective consumer product, it is important that you to speak to a knowledgeable products liability attorney about your right to file a products liability claim, the legal avenues available for you to sue the manufacturer or the distributor in a personal injury lawsuit and obtain the compensation that you deserve. At San Diego Injury Law Office our products liability experts are here to review the specifics of your case and help you identify the party responsible for your injury. Give us a call today at (619) 663-6859 for a free consultation to begin strategizing on the best approach to take on these large companies together and hold them legally accountable for your injuries!
Three Types of Defects in Products Liability in San Diego
In San Diego, there are three types of product defects for you to choose from that may cause injuries and give rise to manufacturer or distributor liability. The first type is the manufacturing defect, which occurs in the process of the products assembly and differs from all other products that came off the same assembly line. This makes the product more dangerous than consumers would expect and that is why the merchant is strictly liable to the consumer for any injury caused by the merchant’s manufacturing defect. The second type is the design defect, which exists in the product from the start, a product has a design defect when the risks associated with that product design outweigh the utility of that design. In other words, there is something in the design that makes the product inherently unsafe from before its manufactured and that is why the merchant is strictly liable to the consumer for any injury caused by the merchant’s design defect. Here, the plaintiff will be required to prove that the risks of the product outweigh the utility of the product by demonstrating an alternative design that is safer, has less risks and is still practical because it has the same utility and is still cost effective. The third type is the marketing defect, which consists of flaws in the labeling, instruction and safety warnings that the product was marketed with. In other words, the product has residual risks that can’t be designed out, they are not apparent to consumers and the product lacks adequate warning and that is why the merchant is strictly liable to the plaintiff for any injury caused by the merchant’s defect. For a successful products liability claim, the plaintiff needs to prove that the defendant is a merchant who routinely deals in goods of this type. Then we must select one of the three types of defects to prove that the product that caused the plaintiff’s injury was defective and that the defect made that product unreasonably dangerous. Lastly, we will need to choose the best legal theory of recovery to pursue damages in your product liability claim, generally the decision is between negligence or strict product liability. Know your consumer rights give San Diego Injury Law Office a call today at (619) 663-6859 so we can help you make an informed decision regarding your products liability claim!
Negligence Recovery Theory for Products Liability
In a product liability claim any negligent commercial supplier can be sued by a foreseeable plaintiff for harm resulting from a defective product. To be a foreseeable plaintiff you must have been a victim within the zone of danger of a product defect in order to be owed a duty of care by the manufacturer. Notice that this does not mean that you have to had purchased the product directly yourself to be eligible to file a products liability claim, simply that your use of the product be foreseeable to the manufacturer. For example, if the defective product is a household product and you live with the person who purchased it, as a household member or guest your use of the product would be foreseeable. This means that if you were injured by the defective product purchased by someone else you are still eligible to seek compensation under a negligence claim of recovery. As the plaintiff you can sue any commercial supplier, including the manufacturer, wholesaler and retailer to recover compensation for your personal injury due to a defective product. Since the claim is brought under a negligence theory of liability, you will be required to establish that the manufacturer owed you a duty of care, that the manufacturer breached this duty, that the breach of the manufacturer’s duty was both the actual and proximate cause of your injury, and that you sustained actual damages because of the manufacturer’s negligence. At San Diego Injury Law Office our negligence experts know first-hand that every manufacturer owes the consumer a legal duty to exercise ordinary care in the production process, designing, assembling and testing products. If you are a consumer who has been injured by a defective product, the easiest way to prove that a duty was owed to you by the manufacturer is to demonstrate the existence of a manufacturer consumer relationship by the purchase of the product. That way any negligent conduct that results in the manufacturer supplying of a defective product will represent a breach of this duty. In a product liability suit, we will prove that the manufacturer’s negligence was the actual cause of your injury by showing that but for the manufacturer’s negligent conduct, your injuries would not have occurred. We will also prove that the manufacturer’s negligence was the proximate cause of your injury by showing that at the time of manufacturing, the risk of injury and harm in your use of the product were foreseeable by the manufacturer. Lastly, to prove all of the damages that are owed to you due to the manufacturer’s negligent conduct, we will prove that you sustained an actual injury by showing images of it, medical records treating it and a detailed accounting of your pain and suffering as a result of your injury. Upon a successful evidentiary showing of all five negligence elements by our team of experienced products liability attorneys well versed in negligence recovery you will be in the best position to obtain the maximum damage award available in your case! Do not waste precious time, if you or someone you know has been injured by a defective product as the result of the manufacturer’s negligence then you need to give us a call at (619) 663-6859 to determine the viability of your products liability case now.
Strict Liability Recovery Theory for Products Liability
In a strict products liability claim, legal liability automatically attaches to any person who is involved in placing a product in the market place in a defective or dangerous condition that injures a consumer. This means that similar to negligence recovery, under strict liability a consumer who has been injured by a defective product can seek compensation from the manufacturer, distributor, wholesaler, and/or retailer of the defective product. However, unlike in the recovery theory of negligence, for compensation under strict products liability the injured plaintiff does not need to establish who failed the duty of care owed to the consumer, simply that the breach occurred and that the personal injury resulted. As a plaintiff’s firm, strict liability is always a great recovery option for a products liability claim because it requires less elements to be proven than under the principle of negligence, providing a more accessible avenue for our clients to reach their damages award. Pursuant to a products liability claim under strict liability, we would only need to establish that the particular product was defective in both nature and quality, that the unreasonably dangerous product injured the plaintiff, and that the injury to the plaintiff was a result of the product’s defective quality and nature. At San Diego Injury Law Office you would have a whole team of legal experts at your disposal to help you prove each element under the recovery theory of strict liability. We would begin by having our product defect specialists obtain all identifying information about the product features to assess the particular quality of the defect and decide if the nature of the product defect arises from a manufacturing, design or information defect. Next, our damages specialists will take pictures of the scene and your injuries to determine the extent of the harm that you suffered as a result of the unreasonably dangerous product and its defective quality and nature. Upon successful presentation of all past, present and future medical costs associated to your injury, the lost wages for work missed as a result of the injury, all of your pain and suffering and any property of yours that was damaged by the defective product, our skilled negotiators will ensure that you deserve the maximum amount of compensation that can be recovered for all of the damages that you suffered as at the hands of the manufacturer’s defective product. The timing for obtaining all of this important evidence is critical, as more time passes by physical evidence can be altered or destroyed.
Do not waste precious time, protect your legal rights as a consumer by retaining the best products liability attorney in San Diego, give San Diego Injury Law Office a call at ((619) 663-6859 our strict liability experts are standing by!