Products Liability/Defective Products

Products Liability also known as Defective Products law covers you if you are injured because of a defective product. The old rule was that you had to prove that the manufacture was negligent in producing the item. In addition under the old rules you couldn’t sue the manufacturer if you didn’t buy it directly from them.

Those are the old rules. Under California law you can sue the manufacture for injury due to the defective products they made, whether or not you bought them from the manufacturer. In fact, even if the manufacturer was not negligent in making the product, the law states the manufacturer is “strictly liable” for the injury caused.

Products Liability can be found in three areas (1) Design Defect (2) Manufacturing Defect and (3) Marketing Defect. Design defect is where the actual design is the cause of the injury. Manufacturing defect is where although the design is good; the way in which it was manufactured caused the injury. Marketing defect is where in the advertising and marketing for the product there are false claims made. In addition manufacturers are required to make adequate warnings when selling products.

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