Reading about a dangerous product recall in Encinitas that has resulted in hundreds or thousands of injuries can be scary, and you might be unsure about your rights as a consumer when it comes to defective products and product liability lawsuits. For example, you might be wondering about your eligibility to file a lawsuit, and if you are eligible, who can be held liable for your injuries. Our experienced Encinitas product defect lawyers want to provide you with more information.
Injury Must Result from a Defective Product to Have a Claim
Owning a product that has been subject to a recall is not enough to file a claim. In order to be eligible for compensation, you must have been injured by the defective product.
There are Three General Types of Product Defects
If you are trying to determine who is liable for your defective product injury, you should know that there are the following three general types of product defects:
- Design defect, where the designer of the product can be liable for inherent defects in the product before it ever reaches the stage of manufacture or production;
- Manufacturing defect, where the manufacturer of the product can be liable for a defect that occurs while the product is being made; or
- Marketing defect, where the company selling or marketing the product can be liable for failing to properly warn consumers about risks associated with use of the product.
Products Can be Defective Even When No Recall Occurs
Even if a product is never subjected to a safety recall, a consumer may still be able to file a successful product liability lawsuit. With many safety recalls, it takes time before the company recognizes the extent of the risk posed by the product and issues a safety recall. In some cases, companies learn about injuries associated with a product but nonetheless choose not to issue a recall. Regardless of whether a recall occurs, a product defect can cause consumer injuries.
Defendants Can be Strictly Liable for Product Defect Injuries
If you were injured by a defective or dangerous product, you should know that California law says that defendants can be strictly liable for injuries. What is strict liability? Instead of being required to show that the defendant’s negligence was responsible for your injury and that the defendant engaged in careless or reckless behavior, a strict liability claim is often easier to prove. According to California’s Civil Jury Instructions for products liability lawsuits, a plaintiff must show that they were harmed by a product that was distributed, manufactured, or sold by the defendant, and that one of the following is true:
- Product contained a manufacturing defect;
- Product was defectively designed; or
- Product did not include sufficient instructions or warn of potential safety hazards.
Seek Advice From an Encinitas Product Liability Attorney Today
Whether you were harmed by a consumer product that has been subject to a recall or you got hurt while using a consumer product that has not yet been pulled from the market, one of our experienced Encinitas product liability lawyers can assess your case and provide you with more information about filing a lawsuit. Contact the Walton Law Firm for more information about filing a product liability lawsuit in Southern California.
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