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San Clemente Defective Products Lawyer
Injuries caused by faulty or defective items can have a devastating impact on a person’s personal, financial, and professional livelihood. A San Clemente defective products lawyer knows all too well the consequences that consumers can suffer from using items that were supposed to be safe.
If you or a loved one was injured after safely handling a faulty item, you are likely to be overwhelmed and unsure of your legal options. However, a seasoned personal injury attorney could handle your claim, answer your questions, and work tirelessly to give your case the personalized attention it deserves in pursuit of a favorable resol6ution.
Determining How a Product is Faulty
Many different types of items could be involved in a defective product case, ranging from badly manufactured vehicles to faulty medical devices, electronics, medications, equipment, tools, and more. There are three primary types of cases that fall into this category:
- Marketing deceit—the product was improperly labeled or does not have sufficient instructions or safety warns that a defect could be present
- Design issue—a component in the product’s design is unsafe or dangerous
- Manufacturing error—the product has a defect that is not design-related and occurred when it was assembled or manufactured
Injuries stemming from faulty product injuries can be serious and long-lasting. Common injuries include cuts, several-degree burns, amputations, and internal injuries. For instance, someone could suffer burns and broken or fractured bones in an auto accident stemming from a poorly-manufactured car. A San Clemente dangerous products attorney could work to determine the root cause of an injury and to hold the seller or manufacturer responsible.
Liability Laws in San Clemente
Manufacturers must formulate products so that they do not cause harm or injury to consumers. If a company’s products cause harm to a single user, they are obligated to recall the products at once and take the necessary actions to make it safe. Otherwise, the company could be considered negligent.
Under California law, there are two primary legal theories to pursue a defective products case under: negligence and strict liability. To pursue a negligence claim, the plaintiff must prove that the defendant was careless, reckless, or otherwise negligent in assembling or manufacturing the product. Strict liability, on the other hand, permits the injured individual to file suit for damages without establishing negligence.
Regardless of whether the defendant was negligent when creating the item in question, they might still be strictly liable for a product that has a design, marketing, or manufacturing defect. A design or manufacturing error could easily result in a very dangerous product, while a marketing defect is the company’s failure to warn consumers of known hazards. However, according to California Civil Code §1714.45, a product seller or manufacturer is not liable if their product is clearly unsafe and known to be so or if the product is a common product meant for consumption—such as butter or sugar.
Filing Deadlines
The state of California imposes a two-year statute of limitations for these cases, which means that an injured individual must file suit within two years of the date of their injuries. A proactive San Clemente lawyer could work to ensure that a defective products claim is filed in a timely manner.
Contact a San Clemente Defective Products Attorney for a Case Consultation
If you or a loved one was injured safely handling a faulty item, you might benefit from reaching out to a well-versed attorney to discuss your legal options. A San Clemente defective products lawyer could work to identify poor manufacturing or insufficient consumer warnings for a valid claim. To speak with an experienced legal professional, call today.