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 SACRAMENTO DEFECTIVE PRODUCT INJURY ATTORNEYS |
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The law of product liability is the area of law that deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from dangerous and defective products. Products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, and tobacco, even commercial jets. At common law, the sale of a product was viewed as a commercial transaction and which only the parties of the commercial contract could sue. The law has evolved, and today, virtually anyone injured by a “defective” product (product which is unreasonably dangerous for its intended use) can bring an action for damages against any party in the distributive chain of the product, whether it be the manufacturer, the wholesaler, the retailer, or even the maker of a component part. Product Liability & Negligence A basic negligence claim consists of proof of the following:
A products liability negligence claim usually falls into one of three possible types:
Over time, several other negligence concepts have arisen to deal with certain specific situations, including negligence per se (using a manufacturer's violation of a law or regulation in place of proof of a duty and a breach) and res ipsa loquitur (an inference of negligence under certain conditions). The difficulties of an injured customer to prove what a manufacturer did or did not do during the design or manufacture of a product has led to the development of newer product liability claims such as strict liability. Product Liability & Strict Liability Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. The basic component of a strict liability claim is proof that the product is defective or unreasonably dangerous. Similar to negligence claims, strict liability claims may attack a product's design, manufacture, or warnings. The various U.S. states have employed numerous ways to determine a product's defectiveness. Most of the tests used to determine defectiveness include concepts such as consumer expectations (consumer expectations test), balancing of the product's risk and its utility (Risk-Utility Test), obviousness of the danger (Open and Obvious Danger Rule), existence of a safer design alternative (Feasible/Reasonable Design Alternative), sophistication of the product's user (Sophisticated User Doctrine), and existence of knowledgeable intermediaries between the manufacturer and the user (Learned Intermediary Doctrine). Strict liability for defective products has often been criticized as an extremely harsh doctrine that imposes high liability costs upon manufacturers, wholesalers, retailers, and almost anyone else in the chain of commerce. Strict liability is one of the primary reasons why warning labels have become so ubiquitous on modern products. Nonetheless strict liability has become the overwhelming majority rule in the United States, due to the widespread agreement that it is the only way to ensure that such parties will always take all reasonable measures to protect the consumer because they know they will always be liable for any harm caused by the product. If you have been injured in an accident it is important to protect your legal rights. The insurance company is not on your side. Call the Law Offices of Richard Allaye Chan for free injury consultation. Home & Hospital Visits - 7 Days a Week
For FREE Consultation Call Toll Free:
Richard Allaye Chan, Jr. CLICK HERE FOR A FREE INJURY CASE CONSULTATION
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SACRAMENTO: (916) 446-4400 |
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