The average consumer finds it bad enough if a product they buy fails to work, but one that causes injury by malfunctioning or because it poses an unknown risk to users is intolerable. The common law acknowledges the affront of such unconcealed hazards by holding designers, manufacturers, distributors, and sellers of products that contain them strictly liable, under some circumstances, for damages they cause.
If you bought or used a product that caused an unanticipated injury, you may be able to hold anyone in the product supply chain strictly liable. If a foundation for strict liability does not exist, you may recover damages for defects arising from negligence or recklessness with the help of a skilled attorney. To hear about your options and any compensation you could receive, speak with a Moreno Valley defective products lawyer about your case.
Product Liability Actions
Under §1714.45 of the California Civil Code, a plaintiff may file a product liability action if a consumer product causes injury or death. This general rule includes a few qualifications, including that:
- Product liability action does not include actions for breach of an express warranty or a manufacturing defect
- The manufacturer or seller of a product that is common, generally intended for personal consumption, and recognized by ordinary consumers as inherently unsafe (e.g., alcohol) is exempted from liability
- While tobacco manufacturers may be subject to product liability actions for manufacturing or selling tobacco products, retail sellers, distributors, and others may not be sued for selling or distributing them
- Public entities may bring actions to recover the cost of benefits paid to people with tobacco-related illnesses
Personal injury, wrongful death, and other civil claims seeking damages from parties liable for causing harm may be brought against tobacco manufacturers and decided individually on their legal merits. If you suffered harm from any commercial product, including tobacco, a defective products lawyer in Moreno Valley could help you decide whether to file a claim to seek damages.
General Requirements of Personal Injury Claims
Everyone in the United States has a legal duty to avoid causing harm to the person or property of another. As provided in the California Civil Code, individuals hold responsibility for their deliberate acts as well as acts for which they fail to exercise ordinary care. Someone injured by unlawful acts or omissions may bring a civil action against those allegedly at fault for causing the injury and, if successful, collect compensation in money damages for losses and harm, including those expected in the future.
California applies a “strict liability” theory to claims against parties in the commercial supply chain for design defects, manufacturing defects, and inadequate warnings and instructions. To prevail, the plaintiff need only prove that the product was used as intended, contained a defect when it left the possession of the opposing party and caused the harm the plaintiff claims.
Call a Moreno Valley Defective Products Attorney Today
Someone who sustains an injury or loss for a product used reasonably has a right to seek compensation from those responsible for the defect. A strict liability claim requires only a basic showing of harm that was unforeseeable under the circumstances. An injury or wrongful death claim for product liability requires more specific proof of fault.
If an injury for which you were not the primary cause has left you hurt or unable to work, or if the death of someone you know has brought tangible or intangible losses, take the time to assess your legal options. Speak with a Moreno Valley defective products lawyer about compensation that may be due. If relief is due, you have a right to it.