San Diego Product Liability Attorney

Product liability involves someone being injured while using a defective product. In California, it is a strict liability case, meaning that even if the manufacturer did not intend to cause harm, they can still be held liable.

There are three types of defects that can lead to a product liability claim:

Design defect — A product is considered to have a design defect if it is inherently dangerous because the design wasn’t safe. Even if it’s manufactured exactly according to the design specifications and used correctly and the way it was meant to be used, it is a dangerous product. In the case of a design defect, the only way to correct the issue is for the product to be redesigned safely.

Manufacturing defect — If a product is damaged, not assembled properly, or otherwise comes through the manufacturing process incorrectly, it could result in a dangerous manufacturing defect.

Failure to warn — If the product is designed and manufactured exactly as expected, injuries sometimes happen because the labels or packaging didn’t provide sufficient warning to the consumer about possible dangers or incorrect use.

It’s important for you to know what product liability entails so you can increase your chances of prevailing in your case. A successful product liability claim can help you recover damages from bodily harm from the defective products, the medical bills, and lost wages that may have resulted from such carelessness. Our savvy San Diego CA defective products attorney can ensure you the best possible chances for your personal injury case.

Proving Liability

As mentioned above, product liability is a strict liability case — but what does this mean? When it comes to liability, intent must usually be proven. It has to be shown that the party that caused the harm meant to do so. When it comes to product liability, this is not the case. Negligence does not need to be proven.

In these cases, who can be found at fault? This depends on the manufacturer, retailer, or supplier and where the defect lies. In California, product liability can occur anywhere on the chain of distribution. If any defect is found out in the process of producing goods, the manufacturer may be held liable. Wholesalers or distributors can be liable if mistakes happen during the time that they are in control of the product. Finally, you can also make a claim against retailers for selling you a dangerous product. While some states have “innocent seller” laws that protect vendors, California is not one of them.

If you need help proving liability in a premises liability or product liability case, contact our San Diego product liability attorney by calling 714-497-2544  today.

Filing a Claim

For a product liability claim, four elements must be proven:

• The defendant designed, manufactured, distributed, or sold the product
• The product was defective when it left the defendant’s control
• The plaintiff used the product in a reasonably foreseeable manner
• The plaintiff suffered injury as a direct result of the defect

If you have suffered an injury, California law allows a two-year window in which you can file a product liability claim. If the product defect leads to property damage, you have three years to file a suit. For damages, you are able to recover monetary amounts for incidents such as property damage. California has an economic loss rule that prevents recovery of purely economic losses, such as lost profits.

Whether you or someone you love was injured in a car wreck, bike and pedestrian accident, slips and falls, dog bite attack, or other kinds of accidents in California, our San Diego personal injury lawyer can help you get the compensation you deserve.

Cyber Liability

The world is slowly becoming digital as time goes on. This increasingly online world has brought about a new dynamic in the legal sector: cyber liability.

You may have heard the news of data breaches and such that exposed people’s personal information and banking information. In simple words, cyber liability is associated with product liability risks in the digital landscape. There is now a trend of arguments in the legal setting regarding the lack of protection for these sensitive data.

While everyone is expected to protect themselves in a reasonable manner, the companies also have a duty to safeguard the sensitive information of their clients. Without proper protective mechanisms in place, the company can be held liable for damages you or a loved one may have suffered from such events

Even if this is merely a recent development of law, you can trust that our skilled San Diego defective product attorneys are there studying the evolution of such cases and taking part in ensuring that laws involving cyber libel are made judiciously, with ethical considerations in mind.

Product Liability Attorney
Serving San Diego, California

At Benner Law Firm, we have the experience and knowledge required to pursue product liability claims. Located in San Diego, California, our team is ready to hold the responsible party accountable for their negligence and protect others from similar injuries. If you live in San Diego, Chula Vista, Escondido, Oceanside, or El Cajon, call now to request a free consultation!