A Quick Guide To Product Liability Claims In California
Before products are sold to the public, it is the manufacturer or distributor's responsibility to make sure it's safe and easy to use. Some products might be disappointing, but some defects can cause real injuries to the consumer.
If a customer gets injured because of a product defect, a negligent party will be responsible for compensating them for financial, emotional, and physical damages suffered. A Personal Injury Attorney in Beverly Hills can calculate these damages and negotiate less-tangible factors like emotional distress.
That said, let's look at product liability, when can you sue, and who you can sue in California:
A Brief Summary Of Product Liability Claims In Beverly Hills
A case involving a product's defective production or design claim is known as a product liability case. It is brought against the manufacturer of almost any product and any parties directly involved in the product's marketing chain, such as wholesalers, distributors, and retailers.
A California Attorney for Personal Injury claims will consider the following:
The severity of your injuries
The financial and emotional cost of the injury
Possible responsible parties that contributed to your accident/injuries
The time between your accident/injuries and filing the claims
Despite the seemingly complicated process, several product liability claims have been filed before. Rest assured, your California Personal Injury Lawyer would know what to do and can help with paperwork, investigations, and possible negotiations.
On Absolute Liability for Faulty Products
According to California law, a product's maker and others in the marketing chain are directly liable and criminally responsible for any defects.
In a defective product dispute, the plaintiff does not need to demonstrate negligence to succeed. However, liability will be determined if the plaintiff can prove that the product was faulty and that there is enough evidence to link the defendant, the product, and the plaintiff's injury.
Even though a plaintiff in a product liability action may claim negligence, the strict liability portion of the claim focuses only on whether or not the product is defective, regardless of how reasonable the defendant may have been in producing the product.
Who Is Responsible For A Product Liability Lawsuit In Beverly Hills?
According to Californian courts, the expense of injuries brought on by a defective product should be covered by those who profited from putting it on the market. This is due to:
The manufacturer, as opposed to consumers, may foresee problems and take precautions against them.
While producers can insure against the risk and split the expense among the buying public, the cost of injury may be an overwhelming misfortune to the afflicted consumer.
Deterring the sale of faulty products is in the public's best interest.
As stated, severe liability can be applied to "all those involved in the marketing chain," including wholesalers, distributors, retailers, and manufacturers.
As our Beverly Hills Personal Injury Lawyers have experienced, multiple parties can be considered liable parties in your product liability claim. So, it doesn't have to be just one responsible party, but anyone who has been negligent and contributed to your injuries can be served a liability claim.