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Products Liability Attorneys
 A manufacturer of a product is strictly liable for any defect whether by design, manufacture or by failing to warn of the dangerous nature of the product. Defects may exist in a product or some component of a product. If the defect resulted in injury, it is actionable. At EISENBERG LAW FIRM, we employ some of the Southland's best safety experts and engineers to investigate our client's claims in order to obtain the maximum possible recovery for their injuries.
Product liability deals with the responsibility of the manufacturer to the consumer. Basically the manufacturer has to warn the consumer of any defects or dangers in the product they have made. A product is defective if it causes damage or injury to the consumer by way of a defect in the product itself, its labeling or marketing, or in its use.
In legal terms, product liability is the liability of any or all parties along the chain of manufacture of any product for damage caused by that product including the maker of the component parts, the assembler, the wholesaler, and the retail storeowner. Any product that causes harm to the consumer due to defects can be the subject of a product liability suit. Product liability has come to include intangibles (gas), naturals (pets), real estate (house), and writings (maps).
Product liability claims are usually based on negligence or strict liability. Strict liability is when the product is shown as defective regardless of the degree of carefulness exercised by the consumer. There are three types of defects that can cause liability in the manufacturer and supplier.
- Design Defects
- Manufacturing Defects
- Marketing Defects
The manufacturer is subject to two duties i.e. to design and manufacture products that are reasonably safe and to warn consumers of any risks they may incur when using the product.
Manufacturing defects occur during the making of the product (i.e. the construction and production phases). This occurs when the manufacturing of the product departs from its intended design. In this case, usually a few products out of the many of the same type are defective.
Defects in marketing are when improper instructions are given and failure to warn the consumer of inherent dangers in the use of the product. This is when proper instructions or warnings that could have been reduced or eliminated the risk of harm are omitted.
Besides the manufacturer, the store or seller may be liable if they do not take proper steps to check the safety of the product and any repairer of the product may also be liable.
Injury Resource Center:
California Product Liability Lawyers
The car accident, automobile accident, aviation accident, airplane crash, catastrophic injury, toxic tort, personal injury, wrongful death, medical malpractice, nursing home negligence, negligence, product liability, hospital negligence, funeral home negligence or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a personal injury attorney or wrongful death lawyer at our Southern California law firm.
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