Ordaz Law, APC, is the law office of product liability, personal injury lawyer Juan J. Ordaz Jr. Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients’ injury cases. He is a personal injury lawyer focused on excellence and client satisfaction.
Continue to read and learn about product liability injury claims and lawsuits.
About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.
We have recovered millions on behalf of accident injury victims.
Product Liability | Elements and Rational
Anyone who places a consumer product into the “stream of commerce” (i.e. a manufacturer, a distributor, a retailer, etc.) may be held strictly liable under California’s product liability laws. Liability is premised on anyone or all of the following theories of liability:
Manufacturing Defect: A product contains a manufacturing defect if the product differs from the manufacturer’s design, specifications, or from other typical units of the same product line.
Design Defect: A product is defectively designed if either (or both):
- Consumer Expectation Test: A product is defective when it fails to perform as safely as an ordinary consumer would expect it to perform when used in an intended or reasonably foreseeable manner; and or
- Risk Benefit Test: A product is defective when the benefits of the challenged design do not outweigh its inherent risks of danger.
Example Scenario 1: Davina bought a twin bed for her 13-year old and 11-year old boys at Beds-R-Us, a furniture store in El Cajon, California. The bed was manufactured in Chicago, Illinois. The ladder of the twin bed broke, splintered and severely cut Davina’s 11-year old son as he climbed up to lay on the top bunk. The ladder broke because of the poor quality of the wood. It had too many knots and was not structurally sound. Here, there are defects in the bed and a lawsuit would be filed against the bed manufacturer and the retailer, Beds-R-Us.
Failure to Warn: Our justice system recognizes that even a product flawlessly designed and produced may nevertheless possess inherent risks to the consumer that without warnings becomes defective.
Product Liability | Court Jurisdiction
product liability suits typically arise from a state claim and are filed in state court but depending on the residency and nature of the defendant organization, suit may have to be filed in federal court.
Ordaz Law, APC | Product Liability
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a product liability, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries through the use of different consumer products that have been placed into the “stream of commerce” by manufacturers, distributors and retailers.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego product liability, personal injury lawyer.
We are for Justice no Matter Who it’s for or Against.
Blog: Personal Injury