When you purchase a product, you expect it to be safe and free from defects that could cause harm. However, accidents and injuries resulting from defective products are more common than you might think. If you or a loved one have suffered harm due to a defective product, it is crucial to understand your rights and the legal options available to you.
At Kash Legal, we specialize in product liability law throughout San Bernardino and the surrounding areas and can help you pursue compensation from the responsible parties. We understand the complexities of product liability cases and have the experience to hold manufacturers and distributors accountable for their negligence.
REQUEST A FREE CONSULTATIONA defective product refers to any item that is flawed, dangerous, or fails to meet the reasonable expectations of consumers. There are three main types of defects:
The extent to which a party can be held liable for a defective product depends on the type of defect and the degree of negligence. In general, manufacturers and sellers are responsible for ensuring that their products are safe for consumers.
It is essential to understand that there are limitations to product liability. The following factors can affect liability:
Assumption of risk refers to a situation where the consumer is fully aware of the potential risks associated with using a product but decides to proceed anyway. In such cases, the manufacturer’s liability may be limited. This means that if an injury occurs due to a known risk, the consumer may have a difficult time holding the manufacturer accountable.
However, the assumption of risk is not automatically assumed. The manufacturer must demonstrate that they adequately warned the consumer of the potential risks involved. This typically involves providing clear and prominent warnings, instructions, and labels that outline the known risks associated with the product.
Product misuse occurs when a consumer uses a product in a manner that was not intended or reasonably foreseeable by the manufacturer. In such cases, the manufacturer’s liability may be reduced or even eliminated. If the product was used in a way that deviates from its intended purpose or usage guidelines, the consumer may bear some responsibility for any resulting damages or injuries.
Manufacturers have a duty to design and produce products that are safe and suitable for their intended use. However, they cannot be held responsible for unforeseeable or unreasonable uses of their products.
If a product has been altered or modified by the user or a third party, the manufacturer may not be held responsible for any resulting damages. Product alteration refers to any changes made to the product after it leaves the manufacturer’s control. This includes modifications, repairs, or additions made by the consumer or any unauthorized parties.
When a product is altered, it may no longer conform to the manufacturer’s original design, specifications, or safety standards. This can introduce new risks and potential hazards the manufacturer could not have reasonably foreseen. As a result, the manufacturer may be relieved of liability if an injury or damage occurs due to the altered product.
The age of a product can also impact the manufacturer’s liability. If a product has been used beyond its expected lifespan, the manufacturer may not be held liable for any resulting damages or injuries. Products are typically designed and manufactured with an estimated useful life expectancy. Once a product exceeds this lifespan, its components may deteriorate, making it more prone to malfunctions or failures.
While manufacturers are responsible for producing safe and durable products, they cannot be expected to guarantee their performance indefinitely. It is the consumer’s responsibility to replace older products and ensure their continued safety. If a product fails or causes harm after its expected lifespan, the manufacturer may argue that the consumer should have replaced it, reducing their liability.
Exclusion clauses are terms and conditions included in the sale of a product that limits the manufacturer’s liability. If the terms and conditions contain an exclusion clause, it may be enforced in court, potentially reducing the manufacturer’s responsibility for any damages or injuries.
Exclusion clauses are typically found in product warranties, contracts, or terms of sale. These clauses aim to protect the manufacturer from certain types of liability, such as for damages resulting from product misuse or alteration. However, the enforceability of exclusion clauses can vary depending on jurisdiction and the specific circumstances of the case. In some cases, consumers may have the option to negotiate the terms or seek legal advice to determine the validity and enforceability of such clauses.
In product liability cases, multiple parties can be held accountable for the injuries caused by a defective product. These parties include:
In some cases, additional parties such as installers, advertisers, and other third-party entities could also be held accountable for any injuries caused by a defective product. This adds a layer of complexity to an already complex legal issue.
Defective products can cause a wide range of injuries across various industries. Some common examples include:
Malfunctioning electronics and electrical devices have the potential to cause electrical shocks, fires, and other significant injuries. Defects in smartphones, for example, can lead to overheating batteries or faulty charging ports, increasing the risk of electrical shocks or even explosions. Household appliances, such as faulty wiring in kitchen appliances or malfunctioning heating elements in irons, can also result in electrical fires that can cause property damage and severe injuries.
Defective food products can contain harmful substances, including bacteria, parasites, or foreign objects, which can cause foodborne illnesses and other health complications.
Contaminated food and beverages can result from various factors, such as improper storage, inadequate sanitation practices, or failures in quality control during manufacturing or distribution. Consuming contaminated food can lead to illnesses like salmonella or E. coli infections, which can cause severe gastrointestinal issues, organ damage, and, in some cases, even death.
Faulty medical devices and medications can lead to complications, such as malfunctioning pacemakers, hip implants, or surgical instruments, which can cause infections, organ damage, or mobility issues. Similarly, defective pharmaceutical products can result in adverse reactions, ineffective treatments, or unexpected side effects that can jeopardize a patient’s health and well-being.
Defects in vehicle parts and automobiles can have serious implications for both drivers and passengers. Brake failures, airbag malfunctions, or tire defects can lead to car accidents, injuries, or even fatalities. These defects can compromise the overall safety of vehicles and increase the risk of accidents and their severity.
For example, a defective brake system can fail to stop a vehicle, resulting in collisions or loss of control. Similarly, faulty airbags may not deploy during a crash or deploy with excessive force, causing significant injuries to occupants. Tire defects, such as tread separation or blowouts, can lead to accidents due to sudden loss of control.
Defective children’s toys may have design flaws, contain small parts that pose choking hazards, have sharp edges, or even contain toxic materials. Choking hazards are particularly concerning, as young children have a tendency to put objects in their mouths. A toy with small detachable parts can become lodged in a child’s airway, leading to asphyxiation. Toys with sharp edges can cause cuts or injuries, while those containing toxic materials can result in poisoning or long-term health problems.
At Kash Legal, our experienced defective product lawyers have a deep understanding of California product liability laws and can help you understand your rights and options. Our team is here to provide you with the legal representation and guidance you need to fight for the compensation you deserve.
Whether you were injured by a defective product or a loved one suffered an injury or death due to a defective product, we are here to help. We handle cases involving all types of products and can help you understand your rights and options under California product liability laws. We will review your case, help you understand your legal options, and aggressively pursue the compensation you deserve. If you have been injured by a defective product, fill out our contact form or give us a call at (888) 527-4128 today for a free consultation.
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