July 18, 2019

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California Defective Product Lawsuits

Sacramento Product Liability Law Firms

In California, accidents and injuries caused by defective products fall under an area of law called product liability. In some cases it is immediately obvious that a defective product was to blame, but in many cases the underlying cause is only determined after a thorough investigation. For instance, if an elevator malfunctions it could be due to inadequate maintenance making the building owner responsible under premises liability, or it could be due to a defective elevator part, which would fall under product liability. Determining whether or not a defective product was to blame for your injuries is critical to your California defective product lawsuit.

Read below to learn more about California Defective Product Lawsuits.

Third-Party Product Liability Lawsuits for Injured Workers

Many California workers who are injured on-the-job are covered by Workers’ Compensation under California law. A California Workers’ Compensation claim is an insurance claim, not a lawsuit, and it only pays for basic medical car and a portion of lost income. Those who are eligible for Workers’ Compensation are barred from suing their employers, under most circumstances, and Workers’ Compensation benefits will not truly cover their losses.

However, in California when a defective product causes a job-related injury the injured worker can collect Workers’ Compensation and pursue a product liability lawsuit against the manufacturer or seller of the defective product. A common scenario giving rise to third-party product liability lawsuits for an injured worker is when a defective tool or piece of equipment causes a construction accident.

Failure to Warn

Failure to warn is a common defect which can cause injuries without a malfunction of the product. Lack of safety warnings and proper instructions falls under failure to warn. Examples include:

  • Defective medications – when pharmaceutical companies fail to warn doctors and consumers of potential side effects
  • Children’s toys which do not have the proper age requirement or choking hazard warnings
  • Car seats, or child safety seats, which have inadequate instructions

Defective Products

Examples of products which are often have defects causing injuries or death include:

  • Automobiles and their parts
  • Safety equipment such as fire extinguishers and smoke detectors
  • Contaminated food
  • Prescription and over-the-counter (OTC) drugs
  • Medical devices, such as pacemakers and defibrillators
  • Children’s toys
  • Children’s products such as cribs and high chairs
  • Clothing made of flammable materials
  • Lawn equipment
  • Ladders
  • Gas grills
  • Propane heaters
  • Space heaters
  • Power tools
  • Heavy equipment
  • Machinery
  • Construction materials, such as drywall
  • Pool drains
  • Helmets, including motorcycle, bicycle, and football helmets

Although there are hundreds of product recalls each year, it is not necessary for the product which caused your injuries to have been subject to a recall in order for you to have a strong defective product lawsuit.