Taking on a giant manufacturer after being injured by one of their products likely seems
daunting. However, large corporations must be held liable for the harm their products cause.
That is where our law firm’s Product Liability Lawyers come in.
You have suffered an injury, and you need someone on your side to get you the compensation
you are owed. Our legal experts are not afraid to take on the giant corporations.
Product Liability Meaning
The term product liability is the legal responsibility of product manufacturers and corporations to
ensure the items they make and sell to the public are safe. The liable parties in this process
include the corporation that owns the product, the manufacturer, the wholesaler, and the
These make up what is known as the manufacturing chain and can be named in a product
There are two forms these lawsuits can take. The first is a strict liability suit. This is when the
manufacturing chain can be strictly liable for the financial damages their product might have
caused. These damages are often awarded when the product has been found to be
unreasonably dangerous to consumers.
On the other hand, negligent product liability cases center around the manufacturing chains’
negligence in taking reasonable care of their products, or they know there is a potential defect
with their product but do not take any actions to correct the problem.
How Many Types of Product Liability Are There?
The three different types of product liability are manufacturing defects, design defects, and
These categories of product liability cover issues during the design, concept, construction, and
advertising process. Often, these defects are known issues in the manufacturing chain or are
caused by negligence. Other times, the manufacturing chain is just as surprised by the defect as
Addressing Product Liability Injuries in California
Once a product is found to have a defect, the manufacturing chain should have the following
two priorities. One, preventing anyone else from being injured by the defective item, and two,
compensating those who have already been harmed by said product.
These actions can be voluntary by the corporation. Still, if the company does not want to take
responsibility, it can be forced into these actions by federal agencies, at least when it comes to
protecting consumers. As for financial compensation, this action often requires legal steps,
either through more minor lawsuits or mass torts.
Protecting the Consumers
One of the most common methods to protect the public from a defective product is to issue a
recall. A recall is when an item is pulled from the shelves and can no longer be sold to
consumers. The company then notifies the public about that product’s dangers and either offers
a refund, a replacement product or offers to repair it if that is a viable option.
It is estimated that there are around 400 recalls yearly in the United States. The types of
products that typically have the most recalls are cosmetics, childrens toys and car seats, food
items, vehicles and parts, and medications.
Injury Liability Lawsuits
When you or a loved one is injured because of a defective product, you have the right to file a
product liability suit. These lawsuits can vary from state to state, but the experts at our law firm
will be able to explain your rights under California law. In this type of lawsuit, you must prove
that you used the product as it was supposed to be used and that the item was, in fact,
defective, which caused your injuries.
A defective product will likely injure more than a single person. A genuinely defective product
will cause harm to a large number of consumers. When this happens, it is much more practical
to file a mass tort. These mass torts are designed to take the place of dozens, if not hundreds,
of individual lawsuits.
There are two types of mass torts: multi-district litigations or MDL and class action lawsuits.
MDL are filed when there are multiple cases filed for the same product liability issue. These cases are
temporarily joined into one district, and then a single federal judge will rule over the matter. This
takes place during the discovery process, and once discovery is completed, each case will
return back to its own jurisdiction.
Class action lawsuits are filed when there are similar cases filed against the same defendant,
and it is decided to join these together. Doing this relieves some of the burden on the court
system. With class action lawsuits, any settlements or awarded damages are divided by
everyone who is a member of the “class.” This includes people who did not actively participate
in the class action lawsuit but were affected by the defective product. You have likely seen
commercials or online ads advertising class action lawsuit results and stating if you or a loved
one was harmed by the product, you might be entitled to compensation.
Frequently Asked Questions
Who Can Be Held Liable If I Injure Myself Using a Defective Product?
Several parties can be held legally and financially liable if you find yourself injured by a defective
product. These parties can include every member of the manufacturing and distribution chain.
Including, but not limited to, the manufacturers, the corporation that owns and sells the product,
the wholesaler, the retailer, and even the marketing team.
How Soon After My Accident Should I File My Product Liability Claim?
The statute of limitations can vary depending on the case and the state in which it is filed, but
many product liability injury cases need to be filed within four years of your injury. Now, it is
possible that the harm a product is causing is not known immediately. For example, some
medications can cause long-term side effects, or some other products could later be found to
cause cancer. In these cases, the statute of limitations rules are different. The experts at our law
firm will be better able to explain the specifics of your case to you.
What Type of Compensation Can I Receive in a Liability Lawsuit?
If you were looking to recover compensation after being injured by a defective product, there are
several options for you seeking damages. You are entitled to pursue the following: lost wages if
your injury caused you to miss out on work, past, present, and current medical expenses related
to your injury, loss of future earning capacity if your injury has left you permanently disabled and
renders you unable to earn the income you had before, and property damages if the defective
product damaged your personal property. Additionally, you might be entitled to pain and suffering and punitive damages depending on the specifics of your case. Contact the legal
experts at our law firm to learn more about what kind of damages you might be entitled to.