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Legal protections from dangerous or defective products

by | Feb 12, 2021 | Personal Injury

Dangerous and defective products can gravely injure victims. They can also result in death. For that reason, victims of dangerous and defective products should be familiar with the legal protections available to them when harmed.

Defective design

To determine liability for a dangerous or defective product based on a defective design, California courts will assess the risk versus the benefit of the product. In general, if the risk of danger inherent in the product’s design outweighs the benefits of the product’s design, the product will fail the test and the manufacturer may be liable for the harm caused by the product.

Manufacturing defect

Manufacturers can also be liable for dangerous or defective products in California under a theory of strict liability. Strict liability holds the manufacturer liable for the injuries caused by the product regardless of the care they took in manufacturing it.

Failure to warn

In circumstances when a product is designed safely and manufactured properly, but remains dangerous because of a defect, the manufacturer has a duty to warn the user of this. If the manufacturer fails to provide adequate warnings, they may be liable for the harm the dangerous or defective product causes.

Products liability actions

A variety of different parties in the chain of production, including the manufacturer, wholesaler, distributor and retailer, may all be liable for a dangerous or defective product. Products liability law is the area of the law that protects the public from the harm they may suffer from the use of everyday products that are dangerous or defective which is why they should be familiar with the legal protections and resources available to them.