The Northern California Law Offices of Mark A. Doughty pursues products liability claims on behalf of injured plaintiffs. Our personal injury lawyers can meet clients in offices in Sacramento, Lincoln, and Yuba City plus home & hospital visits when needed. When a dangerous product injures or causes the death of a person, the injured person or family of the deceased may pursue a claim of products liability.
Products liability law holds the manufacturer liable for producing a defective product which injures another when used for its intended purpose or a reasonably foreseeable purpose. It is not necessary for the injured plaintiff to prove that the manufacturer was negligent or at fault in producing the product. The fact that a defective product was placed in the stream of commerce and wound up injuring the consumer is enough to hold the manufacturer liable and raises injury litigation in Sacramento. Likewise, other entities in the stream of commerce, such as distributers, wholesalers, and retailers, may also be liable for their part in placing a defective product in the hands of the consumer.
Products liability can occur as a result of:
Defectively Manufactured Product
A problem in the manufacturing process may cause one or more units of a product to be defective. For instance, a component part may be missing or malfunctioning, or there could be a problem in the assembly machinery. Whether this problem causes one product to be defective, or thousands before the problem is detected and resolved, the manufacturer is liable for all injuries caused.
Defectively Designed Product
If the defect exists in the design of the product, then all of the products made will have the same defect. This may be a car that has a propensity to roll over, or an iron that does not automatically shut off after a period of time. It should be noted that not everyone who purchases a defective product will necessarily be injured, but the potential for harm certainly exists.
Missing or Inadequate Safety Warnings or Instructions
Some products are inherently dangerous and require special care to be used safely. For instance, some products are flammable, and others emit noxious fumes and toxic vapors. Power tools and heavy machinery can seriously maim or kill the user who is not properly instructed in their safe use. Warnings should be clearly visible on the product and its packaging and state whether the product needs to be used in a well-ventilated area, or if special protective clothing and equipment should be worn. Instructions should be clearly written and highlight the safe and proper use of the product. A product that does not include adequate warnings or instructions is considered defective for products liability purposes.
There are many different ways in which a product liability claim may be pursued, such as negligence, strict liability, and breach of warranty. An experienced products liability attorney will be able to analyze the circumstances and determine the best theory of liability to pursue.
Given the likelihood that many units of a product may be defective in the same way, products liability cases often end up as class actions, where a representative plaintiff sues on behalf of all other consumers who are similarly situated.
Whether the case involves one injury or thousands, the Law Offices of Mark A. Doughty and its associated Sacramento accident attorneys can stand up to the manufacturing giants and hold them accountable. Profits should never be placed ahead of people, and safety should be assured in every commercial product. If you have been injured due to a product defect, contact the Law Offices of Mark A. Doughty for a free consultation with an experienced lawyer regarding your rights.