Updated: Dec 12, 2022
The Legal Implications Of Strict Liability Laws In Los Angeles, California
Several factors complicate product liability claims in California. Your defective product claim in California can be influenced by the product, who made it, who sold it, and how you were injured by it.
On top of all that, there is what is called "strict liability." Fortunately, this is an aspect of defective product claims that mostly benefit plaintiffs in personal injury lawsuits in California.
Let's discuss strict liability and how it might apply to you, as experienced by prescreened California defective product attorneys.
What Is "Strict Liability" In California Personal Injury Lawsuits?
Claims based on defective drugs or products differ from personal injury claims based on negligence. Unlike most personal injury claims in California, you are not required to show that the product or drug manufacturer was negligent.
A manufacturer, distributor, or seller can still be held liable even if they have taken the necessary precautions. This means you only have to prove that you were injured by the product, even if you used it as intended.
If you're unsure about the viability of your case, you should consult a prescreened California defective product attorney.
How Does Strict Liability Apply For Dangerous or Defective Products?
As a matter of public policy, personal injury law holds manufacturers of goods and pharmaceutical companies strictly liable for dangerous or defective goods they release onto the market.
Your California defective product injury lawyer only needs to show that the drug or product that caused your injuries was faulty or unreasonably dangerous when it left the manufacturer. The manufacturer, distributor, and retail seller of the defective and hazardous product can all be held liable for your injuries along the entire distribution chain.
When Is The Manufacturer Liable For Defective Product Injuries?
Your defective product lawyer in Los Angeles must prove the following:
When the product or drug left the hands of the manufacturer, it was faulty or unreasonably dangerous.
Because of the defect or unreasonably hazardous situation, you were injured.
You were using the item as it was meant to be used.
The final condition, using the product as intended to be used, is frequently a contentious issue in a personal injury case because a product may be safe if used as intended but may become highly unsafe otherwise.
What If The Retailer Is Responsible For The Product Defects In California?
You must prove that the retail store or retail seller regularly sells defective products to hold them liable for your injuries.
Remember, a retail establishment that sells a product just once may not be held liable. Retailers typically only fall under strict liability when they sell the product on a regular basis.
When Is The Distributor Responsible In A Product Liability Claim?
Similar to retail establishments, distributors are only accountable under the strict liability rule if they regularly distribute faulty goods or drugs. That said, a distributor will typically also be responsible for your injuries because manufacturers frequently use the same distributor to deliver their goods to retail stores.
To help you identify who might qualify as a distributor and who specifically to sue, consult your defective product lawyer in Los Angeles.
Is The Entire Distribution Chain Liable For Defective Products?
The strict liability principle seeks to hold accountable the entire chain of distribution for the dangerous or defective item.
According to the strict liability principle, all parties—from the manufacturer to all distributors to the final retail outlet selling the product—are responsible.
What If You Were Gifted A Defective Product And Got Injured?
You can still file a lawsuit against everyone in the chain of distribution if you were injured by a defective product that was given to you as a gift.
It makes no difference that you didn't buy the product. Any person who receives a defective product as a gift is safeguarded by the strict liability rule.
What If You Only Borrowed The Defective Product In California?
Similar to gifts, the strict liability rule allows you to file a California personal injury claim if you were hurt while using a defective product you borrowed from someone else.
All end users are covered by the strict liability rule, including those who receive a defective product as a gift or who borrow one and use it.