What You Should Know Before Filing a Products Liability Claim in California
When you purchase a product, you have an expectation that the product will be safe to use when used according to its intended use. Regrettably, defective products are made each day and these result in the serious injury or death of many Americans.
If you or someone you love has been injured because of a defective product, there may be an opportunity to recover monetary compensation by filing a products liability claim. Products liability cases are oftentimes complex cases that may require strong legal strategy and swift action. Consider seeking the legal advice of a proficient attorney for more information on how you can protect your rights when filing a products liability claim.
A Brief Overview on Products Liability Law in California
The State of California recognizes that injury can be caused as a result of a defective product. Under products liability law, victims can seek monetary restitution following an injury caused by a defective product. Under products liability law, the following parties can be held accountable in a claim:
- The product manufacturer,
- The product designer, or
- The seller of the product
It is important to understand that there are a variety of options to pursue compensation in a products liability claim. Possible legal actions may include:
- Establishing negligence,
- The failure to warn,
- Proving a breach of warranty, and
- Strict liability
Contingent on the specific case, a particular theory may best suit the legal course of action.
Approaching Different Theories When Filing a Products Liability Case
Under the negligence theory, a court will look into the degree in which the defendant breached his or her duty of care. If the named entity failed to act in a reasonably safe manner, then the victim will have the right to compensation for his or her injuries.
Based on the breach of warranty theory, the case will depend on contract law. Whenever a product is purchased by a consumer, there are implied warranties that will be applicable to the scenario. The incident may be in violation of one of those warranties, which will result in the victim’s ability to recover restitution.
One of the most common approaches to a products liability claim is seeking restitution through the theory of strict liability. In these particular cases, a plaintiff does not need to demonstrate that the defendant did something wrong. On the contrary, the plaintiff will only need to demonstrate that the product was somehow defective and that this defect existed before the product was released. Generally, there are three categories of defects:
- Product design defects,
- Product manufacturing defects, and
- The failure to warn
Consult the Legal Support of a Skilled Products Liability Attorney
Products liability cases are complex and also involve ever changing laws. Nonetheless, if you were injured as a result of a defective product, obtaining restitution will be very important to your recovery. Consider seeking the legal support of a well-versed attorney who can fight for your right to a fair restitution.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in product liability cases. Contact the firm today for more information on how you can obtain the restitution you rightfully deserve.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.