Design Defects

These occur when a product is dangerous due to its design. Even if the product's construction meets all specifications, a flaw in the design can be detrimental. To prove a design defect in California, one must show that the product could fail to perform safely as an ordinary consumer would expect when used as intended. Expert testimony is often needed to help prove design defects.

Manufacturing Defects

These occur during the construction or production of the item. A manufacturing defect means the product deviated from its intended design, leading to potential harm.

For example, a batch of products containing a harmful ingredient can constitute a manufacturing defect.

Warning Defects (Failure to Warn)

These happen when a manufacturer does not provide adequate warnings or instructions about a product's potential risks. A product can be dangerous when used as intended without proper risk guidance. In California, insufficient instructions or warnings can lead to significant legal liability.

California’s Strict Liability Doctrine

California law is favorable to consumers when it comes to product liability. Under the strict liability doctrine, an injured party doesn’t need to prove negligence. Instead, they must demonstrate that the product was defective when it left the defendant’s possession and that this defect was the primary factor in causing the injury. The strict liability doctrine makes it easier for injured parties to recover damages because they do not need to deal with proving fault or negligence.

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Defenses in Product Liability Cases

While California’s laws are pro-consumer, defendants in product liability cases can raise several defenses:

  • Product Misuse: If using the product in a way not intended by the manufacturer and that violation led to the injury, the defendant may not be held liable. It’s essential to show that the use was unforeseeable to the manufacturer.
  • Comparative Fault: California allows a comparative fault defense, meaning that compensation may be reduced in proportion to their share of the fault if the injured party contributed to their injury.
  • Statute of Limitations: In California, an injured party can file a product liability claim within two years from the date of injury or when the claimant discovers the injury. Failing to meet this deadline can bar the injured party from seeking damages.

Legal Remedies and Compensation

An individual who proves a product liability claim in California may recover several types of damages, including:

  • Compensatory Damages: The goal is to make the injured party ‘whole’ again, including medical expenses, lost wages, and pain and suffering.
  • Punitive Damages: Not all lawsuits include punitive damages. However, if the defendant’s conduct is egregious, such damages punish the at-fault party and deter similar conduct in the future.

Importance of Legal Representation

Product liability cases in California can be complex, requiring considerable evidence and expert testimony to prove a product defect exists. An experienced product liability attorney in Ventura must ensure you receive the justice and compensation you deserve against defective and dangerous products.

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Call Bamieh & De Smeth for Help

Bamieh & De Smeth, PLC is here to help you if you or a loved one suffers injuries due to a defective product. Call us at (805) 643-5555 to schedule a free, no-obligation case review. Our product liability lawyers in Ventura can discuss your case, answer any questions, and outline options you can take.

We can also be reached online. Remember, besides a free case review, you do not pay us a fee until we win your case. Guaranteed.

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