What is a Product Liability Action?
This entry was posted on Wednesday, February 18th, 2015
Posted in News & Articles | Posted by: George Heppner - San Diego Personal Injury Attorney
Manufacturers of consumer products such as automobiles, appliances, and medications are under a heightened duty to ensure their products are safe, free from unreasonable danger, and devoid of hazardous defects. If a product is known to cause certain dangers or side effects, the manufacturer must either pull it from the shelves or issue a warning to consumers, thereby allowing them to make informed decisions as to whether to purchase the item. If a manufacturer or seller does not adhere to these principles, and a person is injured as a result, a product liability action could expose the manufacturer to significant liability.
A San Diego Personal Injury Attorney Discusses the Basics
A product liability action begins with an injury; it does not matter how severe it was. Moreover, the “injury” required under the law can be either financial or physical – including property damage. In other words, if the product malfunctioned and caused harm in any way, the injury element was likely met.
In order to advance a successful product liability action, your San Diego personal injury lawyer must show that the product maker knew, or should have known, that the product was unsafe for consumer use. Actual knowledge is often proven with evidence of email communication between internal employees or reports of injuries submitted to the company. Implied knowledge can be proven by showing that a reasonable manufacturer of a similar product would have issued a warning about the product.
From there, if your San Diego personal injury lawyer can show that the product maker knew or should have known of the danger, liability may ensue if the defendant failed to properly warn consumers about the known risks of harm. For instance, if a drug maker noted certain side effects during clinical trials, but excluded a warning label for patients informing them of the risks, the drug maker would undoubtedly face product liability if a patient were injured.
Contact a San Diego Personal Injury Lawyer Today
If you were recently injured by a consumer product and would like to discuss your rights, contact a San Diego personal injury attorney at 888-503-6473 for a case evaluation today!