Incorrectly manufactured and poorly designed products cause thousands of yearly injuries and deaths. These defective products can range from small tools such as power drills to more oversized manufacturing products such as vehicles or construction equipment. Often the average individual has lots of questions surrounding product liability litigation. We will cover some of the most common questions our Sacramento product liability attorneys answer when assisting our clients with their cases.
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#1
One of the first questions clients ask is, who is responsible in a product liability case? Is it the manufacturer? Or is it the distributor? Or is it the seller? The answer to that question is all three. In product liability cases, it’s not just who made the product. Still, anybody that was a wholesaler in the chain of sale for that product, and then the ultimate seller of that product, can be held liable. For example, if you were to buy a name brand scooter from a name branded seller made by a name brand company, if that scooter were to catch on fire and burn something down or injure you, people along the chain of that sale would have pockets to satisfy your injury claim. Conversely, if you buy an off-brand product such as one of those scooters from a flea market and something happens, finding somebody to cover you for those injuries is very difficult. So that’s one of the benefits of buying name-brand items that might have a dangerous product liability potential down the road.
#2
The second question our attorneys answer regularly is whether they are strictly liable or negligent. Under the law, the distributor is strictly responsible if the product fails. Now that means it has to be used in a way that was reasonably anticipated to be used. That’s kind of an interesting one in particular. If you look at a screwdriver, a screwdriver is intended to be used to screw and unscrew screws. However, it’s reasonably anticipated that a screwdriver will be used to pry open paint cans and other things. As a result, screwdrivers are manufactured in such a way to ensure that they don’t fail during that type of use.
#3
The third question we often get is what sort of things give rise to a product liability case? The central aspect of this question is that a manufacturing defect, a design defect, and a potential failure to adequately warn defect are all three different theories of a product liability case. If the product was intended to be manufactured in one way, but during the manufacturing process, it came out defective, that would give rise to a product liability case. Likewise, if a product was designed inherently in a dangerous way, and it was manufactured the way it was intended but was purely just a bad design. In that case, that’s another theory of a product liability case. The final theory of a product liability case, which has become probably one of the most common, is a failure to warn adequately, and that’s why we see so many essential warning labels and warning brochures to make sure that the user of that product understands how that product is intended to be used and can use it safely.
If you’ve been injured by a defective product or have questions about a product liability case. Our experienced Sacramento product liability attorneys at Eason and Tambornini, A Law Corporation, are here to answer any of your questions or concerns. We offer FREE no-obligation consultations, and our conversations are entirely confidential. Our phone number is 916-438-1819, and our address is 1234 H street Sacramento California 95814.
