According to the Consumer Product Safety Commission (CPSC,) more than 20,000 die each year due to dangerous and defective products. California law imposes strict liability on product designers, manufacturers and other responsible parties, holding them responsible for injuries caused by their products even if they were not negligent. These laws were passed to encourage companies to create safer products by making it easier for people injured by products to successfully bring claims. If you’ve been injured by a dangerous or defective product, you should call an experienced California product liability attorney to discuss a possible claim for compensation.
Strict Liability for Products in California
For most types of personal injury claims, it’s necessary to prove that an injury was caused by negligence or reckless in order to collect compensation. California law does not require this for product liability claims, holding designers and manufacturers liable when a product is more dangerous than it should be or contains inadequate warnings. These are the elements that must be proven for a successful California product liability claim:
- The defendant manufactured, designed, distributed or sold products that are defective;
- That the defect originated with the defendant;
- That the plaintiff used the product in a manner that was reasonably foreseeable; and
- That the plaintiff was injured as a result of the defective product.
Strict liability doesn’t mean these cases are slam dunks. The defendants often claim that the defect was caused by other parties and that the plaintiff did not use the product properly, among other defenses. That’s why it’s important to work with an experienced California product liability attorney who knows how to prosecute these cases and collect the largest amount of compensation on your behalf.
California Product Liability Attorney
If you’ve been injured or a family member has been injured by a defective medical product, toy, automobile or auto part, food poisoning or other type of product, it’s important to speak to an experienced California product liability attorney as soon as possible to discuss your legal rights. Serving Turlock, Modesto, Merced, and Monterey, California. Please call today for a free consultation.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.