Product Liabilities in California
Consumers of products want to make sure that what they buy and use both functions properly and safely. Manufacturers, designers, or sellers are held liable for products that cause injury, harm or damage. Under California law, the consumer is not at fault for having bought a faulty product. Product liabilities in the state of California are taken very seriously and help define and clarify what options you have in a claim and the potential solutions.
According to the laws of California liability conquers due to three different types of defects: manufacturing, design, or warning.
- Design: The product was designed poorly and is a danger to consumers
- Manufacturing: The way the product was made is unsafe
- Warning: The safety warning was inadequate and did not prevent injury
A plaintiff has to provide a significant amount of evidence to prove that a product has a design, manufacturing, or warning defect. The plaintiff must prove that the defect was in place while the designer/manufacturer or seller still had the product AND the damage or injury was a result of that defect.
If the case falls into the strict liability category, the defendant did not act of recklessness or negligence, but is at fault because the product itself was defective in the first place. If the plaintiff is able to prove that the product caused damage or injury, they can seek redress through damages. In California, redress through damages is settled using the pure comparative fault standard and economic loss rule.
