Suffering a Personal Injury from Dangerous Products
Among areas covered by personal injury, dangerous or defective products cause many accidents every year. Serious injuries or death may be caused by defective medical products or medicines, products used around the home, vehicles, food products, cosmetics, and many others.
Product Liability
Products liability may include dangers or defects anywhere along the manufacturing process, from a product’s manufacture to components supplied by another manufacturer. It can also involve the company that packages the product and the shipping company or company that sells it. The most common product liability lawsuits filed include:
- Defects in manufacturing: These are manufacturing errors that were not intended, such as defective airbags in a motor vehicle, str,aps that break on a car seat when in an accident, or contamination in a food product.
- Defects in design: A defect in design presumes that a product would not cause an injury if changes were made to prevent that injury. For example, an improperly designed swing set might tip over, causing an injury to a child.
- Instruction or warning defects: Manufacturers are responsible for providing instructions for using a product and warning of dangers. For example, a food product that may have been produced near nuts could produce an allergic reaction in some individuals. Lack of a warning placed on those products could rA lack in someone in that food product having a serious allergic reaction.
Product Recalls
Companies that have sold products that may be dangerous or cause an injury usually issue a recall. In some instances, the company replaces the product, while in others, it makes repairs. Because defects in products are monitored by various government agencies, those agencies may also issue a recall notice. Those can be found at Recalls.gov.
Proving Fault in Product Liability
It is unnecessary to prove negligence in a product liability case in California due to the state’s use of strict liability in product defects. This is important since proving negligence is often a complex endeavor. However, three conditions must be shown. The first is that the product was dangerous. The second is that the product was used in the way it was intended but caused an injury. The third is that the product was not modified before use.
Personal Injury Statute of Limitations
The statute of limitations in a product liability lawsuit is the same as for other personal injuries and has a two-year deadline for filing in California. This means that if a claim is filed after that date, it probably will not be heard by the court. However, the filing date relates to when the injured person discovered that injury. In that case, they have one year from when the injury was discovered.
Related Articles by Roseville Personal Injury Lawyer, Ed Smith
Roseville Personal Injury Lawyer
I’m Ed Smith, a Roseville personal injury lawyer. No matter what type of product caused an injury to you or your loved one, you may be able to obtain compensation. To discuss your injury, call us for free, friendly advice at (916) 921-6400 or (800) 404-5400. We also offer a contact form on AutoAccident.com.
Since 1982, our injury lawyers have helped many Roseville residents and Northern Californians obtain fair compensation for wrongful death and traumatic injuries.
Check out our list of verdicts and settlements to see some of our cases and compensation received by clients.
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