Defective Products

in California

Consumers have the right to expect that the products they purchase will be safe for their intended use. However, this expectation is not always fulfilled.

The U.S. Consumer Product Safety Commission (CPSC) carries out many recalls of potentially hazardous products annually.

In 2020, the National Safety Council (NSC) reported that nearly 11 million people were treated in emergency rooms for injuries related to consumer products, most of which were thought to be safe.

Our goals at
Wiseman-Hoffs Law Firm

At The Wiseman-Hoffs, our personal injury lawyers in California prioritize several key objectives. First, we aim to build a strong connection with our clients, ensuring they feel understood and supported throughout their journey. Second, we focus on thoroughly understanding our clients' injuries to help them access top-quality medical care for their recovery. Finally, we are dedicated to managing your case with diligence to secure the compensation you deserve.

Contact us to schedule a free consultation if you have sustained serious injuries due to a defective product.

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What options do consumers have

when Defective products cause injuries?

If you or a loved one has been injured by a dangerous product, you may have grounds for a product liability claim. You could be entitled to seek compensation from those responsible for your losses. Our personal injury attorneys in California will investigate your accident, determine fault and liability, and advocate for your recovery. Depending on the specifics of your case, your damages may include:

Who is responsible for injuries caused by Defective products?

When a defective product causes serious injuries, multiple parties may be held liable, including the manufacturer, distributor, wholesaler, and retailer involved in its sale. All entities in the distribution chain can be accountable in product liability cases, and designers and engineers linked to the manufacturer may also be included. Under the principle of "strict liability," it’s enough to prove that the product was defective, regardless of the intent or care demonstrated by the responsible party.

What are the key elements of a product liability claim

against the commercial seller?

To succeed in a claim against a commercial seller for injuries caused by a defective product, you must establish the following elements:

  • The defendant sold a product that you used, or that was used by someone else, resulting in your injury.
  • The defendant is the commercial seller of the product in question.
  • You sustained an injury.
  • The product was defective at the time the defendant sold it.
  • The defect was the actual and proximate cause of your injury.

What if you are not the individual who purchased the defective product?

You do not need to be the actual buyer or owner of the defective product to file a product liability claim against the responsible parties. You can seek damages for injuries caused by a product you borrowed from someone else.

You also do not need to be the person using the product at the time of your injury. For example, if a part detached from a defective tool that your friend was using and injured your eye, you could still have a valid product liability claim for the injuries caused by that defective tool.

What types of product
defects can lead to liability?

Manufacturers and suppliers can be held liable for three specific types of defects in consumer products:

  • Design defects: Certain products may pose safety risks due to flaws inherent in their design, which are present before the manufacturing process begins.
  • Manufacturing defects: Product defects can occur during the manufacturing process when an item is constructed or produced. Typically, when manufacturing defects happen, only a limited number of products will display the same flaw.
  • Marketing defects: This type of defect involves a failure to adequately warn consumers about potential dangers associated with the product or providing improper instructions for its use.

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