Defective Products in Personal Injury Law
I’m Ed Smith, a Roseville personal injury lawyer. Among areas covered by personal injury, dangerous or defective products cause many accidents every year. Serious injuries or death may be caused by defective medical products or medicines, products used around the home, vehicles, food products, cosmetics, and many others.
Products liability may include dangers or defects anywhere along the manufacturing process from the manufacture of a product itself to components supplied by another manufacturer. It can also involve the company that packages the product and the shipping company or company that sells the product. The most common product liability lawsuits filed include:
- Defects in manufacturing: These are manufacturing errors that were not intended such as defective airbags in a motor vehicle, straps that break on a car seat when in an accident or contamination in a food product.
- Defects in design: A defect in design presumes that a product would not cause an injury if changes were made to prevent that injury. For example, an improperly designed swing set might tip over causing an injury to a child.
- Instruction or warning defects: Manufacturers have a responsibility to provide instructions for the use of a product and warn of dangers. For example, a food product that may have been produced near nuts could produce an allergic reaction in some individuals. Lack of a warning placed on those products could result in someone ingesting that food product and having a serious allergic reaction.
Companies that have sold products that may be dangerous or cause an injury usually issue a recall. In some instances, the company replaces the product, while in others, it makes repairs. Because defects in products are monitored by various government agencies, those agencies may also issue a recall notice. Those can be found at Recalls.gov.
Proving Fault in Product Liability
It is unnecessary to prove negligence in a product liability case in California due to the state’s use of strict liability in product defects. This is important since proving negligence is often a complex endeavor. However, there are three conditions that must be shown. The first is that the product was dangerous. The second is that the product was used in the way it was intended but caused an injury. The third is that the product was not modified in any way before use.
Personal Injury Statute of Limitations
The statute of limitations in a product liability lawsuit is the same as for other personal injuries and has a two-year deadline for filing in California. This means that if a claim is filed after that date, it probably will not be heard by the court. However, the filing date is related to the time the injured person discovered that injury. In that case, they have one year from the date the injury was discovered.
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Roseville Personal Injury Lawyer
I’m Ed Smith, a Roseville personal injury lawyer. No matter what type of product caused an injury to you or your loved one, you may be able to obtain compensation. To discuss your injury, call me for my free, friendly advice at (916) 921-6400. Long-distance, call (800) 404-5400. We also offer a contact form on AutoAccident.com, which I am the founder of and own.
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