Products liability refers to the liability of anyone responsible for the damage caused by that product. This includes the manufacturer, the assembler, the wholesaler, and the retail store owner. Product liability claims can be based on negligence, strict liability, or breach of warranty. It is necessary to prove that the product is defective. This proof can be based upon defects in design, manufacturing or marketing.
Design defects exist before the product is manufactured. Manufacturing defects occur during the construction or production of the item. Defects in marketing deal with inaccurate instructions and the failure to warn consumers of product dangers.
Strict liability is usually imposed upon the responsible party for these deficiencies. It is not necessary for the plaintiff to prove negligence. A defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care. If the defect exists in the product that causes harm, he or she will be liable for it.
Certain Southern California personal injury attorneys specialize in products liability. Products liability attorneys typically represent individuals who have been injured due to the use or operation of a defective product, whether it be an automobile or a blender.