Consumers in Escondido should always be able to assume that the products they purchase are safe for use. Yet, much too often, defects result in consumer injuries. In those instances, consumers may be eligible to file product defect lawsuits, also known as product liability lawsuits. What do you need to know about liability for injuries caused by product defects? Our Escondido product liability lawyers can give you the information you need.
Liability Will Depend on the Type of Defect
You will need to determine the party (or parties) liable for your product defect injury. It is essential to know that liability will depend upon the type of defect — whether the defect was a design defect, a manufacturing defect, or a marketing defect (also known as a failure to warn). Under California law, a designer of a product can be liable for a product that was defectively designed (meaning it could not be safe even with the best manufacturing and marketing). A manufacturer can be liable for a defect that occurs while the product is being made. And a marketer or retailer may be liable for marketing defects, or the failure to “warn of potential safety hazards” or to “include sufficient instructions” for safe use of the product.
Recalls are Not Necessary for Liability
While a recall can alert consumers to the existence of a defect, there is no need for an existing recall in order to have a valid liability lawsuit. Indeed, many successful product liability lawsuits involve products that were never even recalled.
Liability Only Matters If You File Your Claim On Time
Under California law, most personal injury lawsuits, including product defect cases, need to be filed within two years from the date of the injury. If you do not file your lawsuit within this time window, known as the statute of limitations, then you will no longer be eligible to obtain damages through a civil lawsuit. To be sure, at that point, your claim will become what is known as time-barred. Accordingly, determining the liable party and moving toward a lawsuit can only result in compensation for you if you file your lawsuit before the clock on the statute of limitations runs out.
No Need to Prove Negligence or Knowledge of the Defect
There is no need to prove negligence, or that the defendant had knowledge of the defect, in order to win a product defect claim in California. Under California law, product defect claims can be brought under a theory of liability known as “strict liability,” which only requires you to prove, in effect, that the defect existed and caused your injury.
Contact an Escondido Product Defect Lawyer Today
Were you injured by a consumer product defect, or was your child recently injured due to a defective product? One of the experienced Escondido personal injury lawyers at our firm can talk with you today to learn more about your case and to determine the party or parties who may be liable for your injuries. Contact the Walton Law Firm to get started on your claim.
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