Orange County Products Liability Attorney
The Law Offices of Tony T. Liu represents individuals and businesses in product liability disputes.
Manufacturers, wholesalers, and retail stores can be liable for defects in commercially available products. This can be true even if they exercised the utmost care in manufacturing or distributing the product.
Strict Products Liability
Strict liability means that a business or individual can be held liable for harm they cause even if they went to great lengths to try to prevent harm. Generally a defect in manufacturing, design, instructions, or warning that causes harm will allow a consumer to bring a strict products liability action against any business that has placed a product into the stream of commerce. This includes the manufacturer and any businesses which purchase the product intending to sell it.
A manufacturing defect means that the product was somehow not made as the manufacturer intended it.
Design defects are problems with the way a product is designed; the product comes out as intended but is dangerous. Another way a product can be defectively designed has to do with the way it is marketed or represented to consumers. For example, if a rock climbing helmet box shows a woman riding a bike on the box helmet the manufacturer will be strictly liable if a person uses the helmet for biking and the helmet fails to provide protection. This is known as the ordinary consumer expectation test.
Failure to warn is another defect. This includes failure to provide proper instructions or failure to provide an adequate warning label on the product. The following elements are required to prove a case of failure to warn:
- The manufacturer, distributer, or retailer must know that the product presents a danger in light of scientific or medical evidence generally accepted at the time the product was made.
- The potential risks presented a danger when the product is used or misused in a way that could be reasonably foreseen.
- Ordinary consumers would not notice the risks of the danger.
- The manufacturer, distributer, or retailer failed to warn of the danger.
- The consumer was harmed, and the failure to warn was a substantial factor in the harm.
Examples of Strict Products Liability
- A drug manufacturer designs a blood pressure medication but accidentally increases the concentration of the medicine to a dangerous level in production.
- A car company that manufactures a car with the gas tank near the bumper and when the car is rear ended it causes the car to explode.
- A drug manufacturer fails to include a warning of all potential side effects of a depression medication.
Other Types of Products Liability: Negligence and Breach of Warranty
Consumers can also bring other types of lawsuits against manufacturers, distributors, and retailers when they are harmed by a product. However, unlike with strict liability other types of lawsuits either require the party to be negligent or have a contractual obligation with the consumer. Examples include:
- Negligent manufacture of a product
- Failure to recall a product
- Breach of implied or express warranty
Contact an Experienced Orange County Products Liability Attorney
Products liability law is complicated and requires an experienced attorney to navigate. The Law Offices of Tony T. Liu provides experienced representation in products liability disputes. To schedule a consultation with a products liability expert call (714)415-2007.