{"id":3510,"date":"2022-01-11T09:00:22","date_gmt":"2022-01-11T17:00:22","guid":{"rendered":"https:\/\/bennerlawfirm.com\/?page_id=3510"},"modified":"2022-01-27T08:56:53","modified_gmt":"2022-01-27T16:56:53","slug":"product-liability","status":"publish","type":"page","link":"https:\/\/bennerlawfirm.com\/product-liability\/","title":{"rendered":"Product Liability Lawyer in San Diego, California"},"content":{"rendered":"
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Product Liability Attorney in San Diego, California<\/strong><\/div>\n<\/h2>\n
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Many people across California are hurt each year due to defective or unsafe products<\/strong><\/a>.<\/strong> According to the Insurance Information Institute, there were 776 incidents reported prior to the recall of 58 different children\u2019s products in 2019, for an average of 13.4 incidents per recalled product.<\/p>\n

If you or someone you love has recently suffered an injury due to a faulty product or device, you can benefit from the services of our skilled defective product liability attorney<\/a><\/strong> in San Diego, CA. At the Benner Law Firm, we\u2019re dedicated to seeking justice for accident victims. We\u2019re proud to serve clients across San Diego, as well as the surrounding communities of Chula Vista, Escondido, El Cajon, Oceanside, throughout San Diego County, and all of California. Whether your injuries are minor, or life-changing, you can rely on our firm to stand by your side.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Understanding Product Liability<\/strong><\/div>\n<\/h2>\n
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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.<\/p>\n

There are three types of defects that can lead to a product liability claim:<\/a><\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\"defective<\/div>\n<\/figure>\n<\/div>\n<\/div>\n<\/div>\n

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Design defect<\/b> \u2014 A product is considered to have a design defect if it is inherently dangerous because the design wasn\u2019t safe. Even if it\u2019s 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.<\/p>\n

Manufacturing defect<\/b> \u2014 If a product is damaged, not assembled properly, or otherwise comes through the manufacturing process incorrectly, it could result in a dangerous manufacturing defect.<\/p>\n

Failure to warn<\/b> \u2014 If the product is designed and manufactured exactly as expected, injuries sometimes happen because the labels or packaging didn\u2019t provide sufficient warning to the consumer about possible dangers or incorrect use.<\/p>\n

It\u2019s 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.<\/a><\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Effective Legal Guidance<\/div>\n<\/h5>\n
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REACH OUT TODAY<\/span><\/a><\/span><\/span><\/div>\n<\/div>\n<\/div>\n
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Proving Liability<\/strong><\/div>\n<\/h2>\n
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As mentioned above, product liability is a strict liability case \u2014 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.<\/p>\n

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 \u201cinnocent seller\u201d laws that protect vendors, California is not one of them.<\/p>\n

If you need help proving liability in a premises liability or product liability case, contact our San Diego product liability attorney by calling (619) 505-3935<\/a><\/strong> today.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Filing a Claim<\/strong><\/div>\n<\/h2>\n
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For a product liability claim, four elements must be proven:<\/p>\n