California Products Liability Attorney
Manufacturers owe a duty to the public to put products on the market that are safe for their intended purpose or any reasonably foreseeable use. In fact, product makers can be held strictly liable for dangerously unsafe or defective products that cause personal injury or wrongful death to consumers. From our office in Palmdale, we serve people in communities throughout the Antelope Valley who have been injured by product defects. We are not afraid to stand up against the giants of corporate America and hold them accountable when their errors or failures in business judgment harm real people.
Types of Product Defects
California products liability law recognizes three different ways in which a product may be found to be defective. These are design defects, manufacturing defects, and failure to warn defects:
- Design Defects – When a product is the result of faulty design, every unit manufactured carries that potential flaw, and potentially every unit could result in serious harm or death to the user. Examples of serious design defects include power saws and other machinery which are built without safety guards, or space heaters, irons and other household appliances that don’t include automatic shut-offs. The most serious injuries occurring in automobile accidents are often the result of design defects. For instance, cars built with the electrical system running too close to the fuel system can spark an explosion in an impact, resulting in catastrophic injuries or death in a crash that otherwise may have caused only minor injuries. SUVs and pickup trucks may be designed with a high center of gravity so that they rollover too easily in an impact or sudden turn.
- Manufacturing Defects – A product may be defectively manufactured because of a fault in the assembly line or assembling machinery, or due to an untrained or negligent worker or the use of substandard components. Depending upon the cause of the defect, only one unit produced may be defective, or thousands may be. Defectively-manufactured products may fail to operate properly (or at all) or may fail at a critical moment, with disastrous results. Examples include tire, brake and seat failures in automobiles, as well as children’s toys made with loose, small parts, or clothing or bedding made from flammable materials. Every day dozens of products are recalled by the government because of manufacturing defects. Unfortunately, some of these defects are not known until more than one person has been seriously hurt.
- Failure to Warn – All products sold to the public must contain adequate instructions for their safe use and any necessary safety warnings. For instance, many types of products such as paints, solvents and cleaners should only be used in a well-ventilated area, while others require the use of gloves, protective eye wear or masks. Warnings need to be easy to understand and easy to see on the product packaging or the product itself. Products which do not contain adequate warnings or instructions may be considered defective for the purposes of California products liability law.
Hold Manufacturers Strictly Liable for their Failures
In California, manufacturers can be held strictly liable for injuries caused by defective products. Strict liability means that you do not have to prove that the manufacturer was negligent, but only that the product was defective and caused your injury. This standard is helpful to plaintiffs, but products liability cases still pose tremendous challenges to injured consumers, who must go up against giant corporations and their teams of insurance company defense lawyers who are willing to put up a tremendous fight to keep their company’s reputation safe from the taint of unsafe or dangerous products. In fact, there have been times when manufacturers could have changed their design or fixed a problem for only pennies per unit, but instead they chose to put their money toward defending lawsuits for personal injury or wrongful death.
Sometimes the only way to stop this unconscionable conduct is through litigation. Attorney Paul Kistler of the Kistler Law Firm, APC won’t stand for corporate misconduct that ruins lives and harms families. We stand up to the product makers with the law on our side and fight to held them accountable for their behavior. If you or a loved one has been injured by a defective product, contact the Kistler Law Firm, APC in Palmdale for a free consultation about your rights to compensation for the harm done to you.