Product liability cases involve plaintiffs injured by defective products. Those liable may include anyone in the chain from product design to product sale. In California a designer, manufacturer, or seller can be liable for injuries caused by a defective product. Types of defects include design defect, manufacturing defect, and inadequate warning. It is important to note that product liability law generally only applies if the plaintiff was using the product as was intended or using it in a reasonably foreseeable manner.
California has strict liability for product liability cases. This means that it is not necessary to prove that someone’s negligence or intentional act caused the product defect. Strict liability is meant to protect plaintiffs so that they only need to show certain elements of product liability and if they do, the defendant should be held strictly liable for the plaintiff’s injuries without requiring proof of fault. Those elements are as follows:
The Insurance Information Institute’s recent data shows that jury award averages were higher for product liability injuries than medical malpractice injuries, motor vehicle injuries, and other types of personal injury cases. Several recent California product liability cases and their jury verdicts are listed below:
California’s strict liability law for product liability and the above mentioned product liability verdicts appear to show that California and its juries are sympathetic to plaintiffs injured as a result of a defective product. If you have been injured due to a defective product, contact our El Cajon product liability attorney, Eugene G. Bruno, to schedule a consultation.
Defective products can cause serious injuries and damages and we want to make certain that you are fully compensated. If you sustained a injury due to a defective product, you may be able to recover damages such as medical bills, lost wages, lost future earnings, pain and suffering, and under some circumstances you may be able to recover punitive damages.
There are a few common defenses used in product liability cases. A defendant may try to show that a defective product did not actually cause the plaintiff’s injuries, the plaintiff was not using the product for its intended purpose or was not using it in a reasonably foreseeable manner, or that the statute of limitations has run. Contact The Eugene Bruno & Associates to discuss the facts of your case and the extent of your injuries and damages. Our product liability team has the experience and the drive to see that product designers, manufacturers, and sellers are held accountable for defective products and that our clients are compensated for their injuries.