Products Liability

Your California Products Liability Attorney

Too often, we put our complete trust into various manufacturers and their products. Yet, what happens when those same exact manufactures are deceitful? Specifically, when products are defective, they can cause great harm, serious injuries, and even worse – death. Unfortunately, the situation is made more troubling due to the fact that most examples of product liability can be prevented.

If you or someone you know has been hurt by a defective product, then you could benefit from speaking with a California products liability attorney. At Harlan Hillier DiGiacco, we have worked with others who are just like you, those who have been wronged, and now need assistance moving on with their lives. Remember, you have been through enough, it is now time to focus on healing.

To schedule a no-cost, no-obligation consultation, please contact Harlan Hillier DiGiacco anytime – day or night – at (619) 330-5120. You do not have to be alone during this difficult time.

In this article, you will find helpful information on the following topics:

• What Is Products Liability?
• Product Liability Laws
• Types of Product Defects
• Contact a California Products Liability Attorney
• About Harlan Hillier DiGiacco

What Is Products Liability?

You are most likely already familiar with the term “products liability,” but do you know what it specifically means? As mentioned above, every year, both defective and dangerous products cause thousands of injuries across the United States. When you hear “products liability,” the term refers to manufacturers or sellers who are being held liable for directly putting a defective product into a consumer’s hands (i.e. your hands), which then causes injuries.

Generally speaking, the law does require that all products meet ordinary expectations of the consumer. When a product does have a defect, or is considered to be dangerous, it does not actively meet these ordinary expectations. Unfortunately, there is no federal product liability law. What does this mean, exactly? Each individual state across the country has their own set of consumer protections that cover the following components:

• Negligence
• Strict Liability
• Breach of Warranty

Product Liability Laws

In the State of California, there are two product liability laws to be concerned with: negligence and strict liability.

In cases that revolve around negligence, the consumer who has been injured must prove that negligence existed in the creation or manufacturing of the product in question. Negligence can relate to any act or failure to act that ultimately leads to negative consequences for the consumer. For example, a manufacturer may act negligently if its training procedures, manufacturing regulations, and/or safety protocols were not thorough or adequate enough, resulting in a defective product causing an injury.

In cases that revolve around strict liability, an individual is able to pursue a case without having to prove a manufacturer’s negligence. Whether or not the manufacturer was negligent in creating the product, they can still be held liable for damages if the product has one of the three main types of defects: inherent design flaws, manufacturing errors, or marketing defects.

There are a variety of parties who could be liable for a product’s defect, including the following:

• The product manufacturer
• A manufacturer of component parts
• A party that assembles or installs the product
• The wholesaler
• The retail store that originally sold the product

Types of Product Defects

As mentioned above, there are three different types of product defects. These product defects are:

Inherent Design Flaws

If the product in question has a design defect, then it is likely that an inherent design flaw has affected the product. Specifically, inherent design flaws refer to products that have been defected since the beginning – before they were even manufactured. Further, something in regards to the design of the product is generally unsafe.

For example, if an electronic of some sort catches fire when exposed to the sun, then the products suffers from an inherent design flaw.

Manufacturing Errors

If a product suffers from manufacturing errors, these defects occurred during the manufacturing or assembly of the product.

For example, if a child’s toy comes off of the assembly line missing a screw or necessary part, ultimately making it unsafe for use, a manufacturing error has occurred.

Marketing Defects

When there are flaws in the way a product has been marketed (i.e. wrong labeling, improper instructions, inadequate safety warnings, etc.), then the product is suffering from a marketing defect.

For example, if a manufacturer knows (or should have known) that a product is faulty, yet fails to warn consumers of this information, a marketing defect has taken place.

Contact a California Products Liability Attorney

After learning more about products liability, could you benefit from speaking with a California products liability attorney? If you or someone you know has suffered from an inherent design flaw, a manufacturing error, or marketing defect in the State of California, Harlan Hillier DiGiacco offers our deepest sympathies. At our firm, we know all too well how damaging a products liability case can be for clients. And while this can definitely be a difficult time, you can take a small comfort in knowing that you are not alone. Let us help you move forward with your life.

To speak to a California products liability attorney, please contact Harlan Hillier DiGiacco today at (619) 330-5120. We offer a no-cost, no-obligation consultation, allowing us to learn more about you and your particular case. With us on your side, the only thing you need to worry about is healing.

About Harlan Hillier DiGiacco

At Harlan Hillier DiGiacco, we know how important it is to listen to each potential client. After all, everyone has different needs. Therefore, we thoroughly give individuals the opportunity to explain their case, before offering an explanation of the legal process, and what to expect moving forward. We ensure that our services are tailored to fit an individual’s specific circumstances, as it is imperative for a successful resolution.

If you want to work with an attorney who cares about your well being, then contact Harlan Hillier DiGiacco anytime – day or night – at (619) 330-5120. From phones calls to paper work, we handle all aspects of the case, allowing you to focus on one thing only: you!