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:
- A Manufacturing Defect;
- A Design Defect; and or
- A Failure to Warn (of potential safety hazards).
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.
We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
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.
Learn More:
What is the Statute of Limitations for a Personal Injury Action?
What Should You Expect from Your Personal Injury Attorney?
What Should You Expect from Your Injury Lawsuit?
Will My Personal Injury Case Go To Trial or Be Settled?
Manufacturing Defect | Injuries
Design Defect | Consumer Expectations Test
Design Defect | Failure to Warn
Design Defect | Risk Benefit Test
Blog: Personal Injury