3
2009
California Strict Product Liability
In a nutshell, strict product liability means liability of all the people involved in the manufacturing process from start to finish to distribution.
Not a lot of people truly realize that strict product liability is as all encompassing as it is. It actually covers the point of origin of a product right on down the chain to the final distribution point of the article or item. In other words, this will include the maker of an item, the place where it was assembled, and the retail outlet where the product is eventually sold to the public.
Strict product liability actually goes even further than this in that if an item does have a defect that causes harm to a customer or a friend of a customer (who either borrowed the item or got it as a gift) then all of these people are considered to be defendants in a product liability suit.
Most people relate product liability to tangible products, or physical property, but this isn’t always the case. It may include real estate, books, navigational charts, gas and even pets. Interestingly, California law requires all makers of products to label them clearly with a printed warning, particularly if the product contains lead paint or other harmful pieces. Think small parts that kids could swallow.
To successfully prove a strict product liability case, the plaintiff must be able to show the product was indeed defective. In this area of the law, there are three kinds of product defects often launched in liability lawsuits: marketing defects, manufacturing defects and design defects.
A design defect is considered to be one that is built into the product. It (the defect) is in the design itself and is present prior to the manufacturing process. While the article may perform adequately for a consumer, it has the potential to be dangerous because of its flawed design.
On the other hand, manufacturing defects usually take place when the product is made, yet not all of the products made are defective. Marketing defects refer to poorly written instructions or the failure to warn a consumer about potential product dangers.
Product liability is a strict liability offense, and cases like this are not focused on how careful the defendant was or was not. Typically then, a defendant is liable when a product/item is defective – period. Speak to a well qualified personal injury lawyer who will be able to assist in receiving compensation for any injuries suffered.
To learn more, visit Lawbarron.com.
Related Posts
Categories
Archives
- June 2015
- May 2015
- April 2015
- February 2015
- January 2015
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
- November 2013
- September 2013
- August 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- March 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- May 2010
- April 2010
- March 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009