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Dangerous product law, commonly known as product liability law, governs the responsibility of manufacturers, distributors, suppliers, retailers, and others who make products available to the public for the injuries those products cause. In California, individuals who are injured or suffer losses due to a defective or hazardous product may have the right to seek compensation. The law is designed to ensure that products sold to consumers are safe when used as intended. If a product poses an unreasonable risk or is defectively designed, manufactured, or lacks proper warnings, the responsible parties may be held legally accountable for any damages.
There are many situations where a person might need legal help regarding a dangerous product in California. If you have been injured by a household appliance, automobile, pharmaceutical drug, children’s toy, medical device, or any other consumer product, a lawyer can help determine if you have a viable claim. Legal assistance is crucial if the company denies responsibility, the extent of injuries is severe, or you need help identifying the at-fault parties. Lawyers can also handle communication with insurance companies, negotiate on your behalf, and ensure you receive fair compensation for injuries, medical bills, lost wages, and pain and suffering.
California has some of the most consumer-friendly product liability laws in the United States. Product liability in California can be based on three legal theories: strict liability, negligence, and breach of warranty. Strict liability means that a manufacturer or seller can be responsible for injuries even if they were not negligent or intended harm. Plaintiffs only need to prove that the product was defective, they were injured, and the defect caused the injury. In addition, California follows the “pure comparative fault” rule, so even if you were partially at fault, you may still recover some damages. The state has a two-year statute of limitations from the date of injury to file most product liability claims. There are also specific labeling and warning requirements that companies must follow under California’s Proposition 65 and other safety statutes.
A dangerous or defective product is one that causes injury or harm due to design flaws, manufacturing errors, or insufficient warnings or instructions.
Manufacturers, distributors, retailers, and others in the chain of distribution may all be held responsible under California’s product liability laws.
No. California’s strict liability laws allow you to recover damages without proving negligence, as long as you show the product was defective and caused your injury.
You typically have two years from the date of injury to file a product liability lawsuit in California.
You may be entitled to compensation for medical expenses, lost income, pain and suffering, property damage, and in some cases, punitive damages.
Yes. Under California’s comparative fault rules, you can still recover damages, though your compensation may be reduced by your percentage of fault.
Keep the product, medical records, purchase receipts, photographs of injuries and defects, and any communications with the seller or manufacturer.
Yes. Cases involving drugs and medical devices can involve federal regulations and additional complexities, so specialized legal help is strongly recommended.
You may still be able to bring a claim against the importer, distributor, or retailer who brought the product into the California market.
Yes, if many people were injured by the same product, you may be able to participate in a class action lawsuit, which can be more efficient and cost-effective.
If you need more information or help, the following resources may be useful:
If you believe you have been harmed by a dangerous product, take the following actions:
A lawyer experienced in dangerous product cases can help you understand your rights and guide you through the legal process, including investigation, negotiation, and litigation if necessary.
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