Product Safety

Everyday products such as toys, furniture, sports equipment, and electrical appliances can cause property losses and injure or kill, even when used as directed. In fact, the U.S. Consumer Products Safety Commission estimates there were 13.2 million product-related injuries and 5,439 deaths in the United States in 2007.

If you or someone you love has been injured by a defective product in California, you may be entitled to compensation from the manufacturer, the wholesaler or the retail store where the product was purchased. For a free evaluation of your claim, call the Sacramento legal team at Arnold Law Firm at (916) 924-3100 or click here to submit a simple case form.

Product liability law allows consumers who have been harmed to recover damages from manufacturers, distributors and retailers for injuries caused by defective products. Virtually all products are covered by product liability law—not just what you see on store shelves. Food, drugs, automobiles, medical devices and even commercial jets fall under product liability law.

Strict liability is the standard that usually applies in California lawsuits related to defective products. Strict liability means the court can decide manufacturers are responsible for injuries even if they were not negligent. This means that even if manufacturers can demonstrate they used care in designing and producing a product, they are still liable for damages if the injured consumer can show that the product was defective, they were using it as directed and the product was not modified substantially.

Product liability claims can also be brought under a negligence theory. In this approach, the consumer must demonstrate that the manufacturer, distributor or other party involved in selling the product did not fulfill a duty to ensure that consumers got a safe product. Those claims can arise from a failure to anticipate design flaws or potential misuses, negligence in maintaining the manufacturing equipment or failure to issue warnings in product information.

A third claim, breach of warranty, emerges from the failure of a manufacturer or retailer to sell a product that is in proper condition and free from defects.

Consumers do not always have to be the original owner of the product. For instance, you may be able to sue the manufacturer of a defective saw that injures you even if you borrowed it from your friend. And even if sellers put their label on a product after purchasing it from another manufacturer, they may still be subject to a strict liability claim.

To win a California product liability case, it’s vital to preserve evidence, investigate the accident, and file your case within legal deadlines. If you or a loved one has suffered a personal injury from a defective product, call the Sacramento legal team at Arnold Law Firm at (916) 924-3100 or click here to submit a simple case form.  Your consultation is free, and if we agree to fight for you, you will pay a fee only if we win. Don’t delay in filing for fair compensation for your personal injury.