Tustin Defective Products Lawyer

If you are currently suffering from an injury due to a defective product, you may be entitled to recovery under California’s product liability laws even in cases where the company responsible for making the product did not act negligently. A products liability attorney could pursue a lawsuit on your behalf against the manufacturers in certain cases, thanks to what is known as strict liability laws.

Pursuing a products liability suit is often intimidating. You may encounter a large corporation with an large team of lawyers on the other side of the courtroom. That is why it could be helpful to find an experienced Tustin defective products lawyer you could count on. An experienced attorney could deal with opposing counsel while you focus on recovery.

California Products Liability Laws

California’s product liability laws exist to protect consumers from dangerous products that could harm them. These laws apply not only to manufacturers, but to designers, distributors, and retailers of a defective product as well.

A company is only liable if a court determines that the defect in question existed at the time it left the possession of the company. However, an injured person would be unable to recover in cases where the company could show the injured person had not used the product in a reasonably foreseeable manner.

Comparative Fault Explained

It is possible for an injured person to collect on a California products liability suit even if they were at least partially responsible for their own injuries. That is thanks to California’s comparative fault standard, established by California Civil Code § 1431.2. Under comparative fault, an injured person may still recover some compensation when they were partially at fault for their injuries.

The significant difference between product liability cases and other types of civil suits is that companies that manufacture and distribute products may be subject to strict liability.

Strict Liability Explained

In most civil lawsuits, recovery of damages is only possible when a defendant acts or fails to act in a way the breaches or would keep a duty they had to another person. That is not how products liability cases work in California, thanks to what is known as strict liability.

Strict liability holds companies involved in bringing certain products to the market to a higher standard. Under a strict liability standard, a Tustin defective products lawyer would only need to prove that the product was defective and that it was used in a reasonable and intended manner. Under standard theories of negligence, that would not be enough to obtain a judgment.

However, strict liability is not available in every case involving a defective product. There are only three types of product liability cases where strict liability applies:

  • Manufacturing defects
  • Design defects
  • Inadequate warnings or labeling

Consulting a defective products attorney in Tustin could be a good choice if victims wish to better understand if their claim merits strict liability.

Common Defenses in Products Liability Cases

In addition to the basic requirements of a products liability case, there are several potential defenses a victim might encounter. These defenses include:

  • The defect was not present when it left the possession of the defendant
  • The product was not defective
  • The defect did not harm the victim
  • Something other than the defect injured the victim
  • The victim may have used the product in a manner that could not reasonably be foreseen

A jury could rely on these defenses to either rule against the injured party entirely or partially reduce their recovery. Enlisting the services of a Tustin defective products lawyer could help victims strengthen their claim against these defenses.

Speak with a Tustin Defective Products Lawyer

If you or a member of your family has been harmed by a defective product, you may have a viable products liability claim. A Tustin defective products lawyer may be able to guide you through the process successfully. Call now for your own consultation to discuss your claim.