Defective Product Liability: What You Need To Know

As a consumer, you can choose from various products and prices. Unfortunately, not all products are safe. Some can be defective.

If you consume a defective product, you can seek redress from the person who made or supplied it.

Defective product liability is a practice area of personal injury law that covers you if a faulty product is the cause of your injury. It focuses on the liability of the manufacturer and distribution services and your right to consume safe products.

Before you file a defective product liability claim, discover a few things to know.

Product Defects Are Not Created Equal

Every manufacturer has to prioritize zero defects in quality control. They can achieve this by following a production process that finds faults and addresses them to guarantee product safety.

Anything short of zero defects may lead to product liability issues. 

That said, three main types of product defects that can lead to product liability claims include design, manufacturing, and marketing. 

What should you know about each type of product defect?

• Design defect: As the name implies, this defect occurs when a flaw exists in the product's original design. Every item created using a faulty product design is inherently unsafe, even if manufactured correctly. 
• Manufacturing defect: This defect occurs when a product is not manufactured correctly, thus deviating from the intended design. As a result, it may not work as expected.
• Marketing defect: This occurs when the manufacturer fails to provide adequate instructions or warnings to allow for the correct use of a product.

Determining what product defect has caused your injury is crucial for making a successful product liability claim. Generally, manufacturers are often liable for design and manufacturing defects, while those in the distribution chain (such as distributors and sellers) may be responsible for marketing defects.

You Have the Burden of Proof

In a defective product liability case, proving fault is essential for getting the compensation you deserve for your injury. To prove fault, demonstrate that the at-fault party's actions or negligence directly resulted in your damages.

Generally, a valid product liability claim must fulfill the following essential criteria: 

• Duty of care: The defendant had a legal obligation to ensure the safety of their products.
• Breach of duty: The defendant's product was defective and did not meet safety standards.
• Causation: The defendant's flawed product directly harmed you.
• Damages: Your injury resulted in pain and suffering, economic losses, and emotional distress.

Proving fault in a product liability case is no easy job. Remember, the accused party will most likely have their lawyers investigating your case to absolve their client of any blame.

The best way to even things out and boost your chances of winning the case is to seek help from an experienced lawyer specializing in defective product liability issues. Aside from aggressively representing you in court, they can calculate the value of your damages and help you settle out of court.

If successful, you can recover compensation for your pain and suffering, medical expenses, lost wages, lost income-earning potential, long-term rehabilitation, and more.

At Frank Penney Injury Lawyers, we understand that life can be stressful after any personal injury. The financial implications of your injury don't help. That's why we offer our services on a no-win-no-fee basis — we take on your California personal injury case without asking for any deposit, and you only have to pay us if you win your case.

No win. No fee. Case closed. 

Reach us today to schedule your free personal injury case evaluation or learn more. With over 25 years of experience in personal injury law, trust us to help you get fair compensation for your damages.