Product liability law refers to the liability of consumer product manufacturers, retailers, and sellers in the event a product injures or kills a consumer user. Product liability cases can stem from injuries sustained by automobiles, consumer electronics, or prescription medications. It is not uncommon for plaintiffs to form a class action in the wake of widespread consumer injury. Under California product liability law, designers and manufacturers of consumer goods are held to a stricter standard than a typical defendant and are afforded few defenses against a plaintiff injured or killed by a product. If you recently experienced an injury or someone in your family was killed while using a product, contact a Los Angeles product liability attorney as soon as possible.

    California law recognizes three distinct theories upon which to base a product liability claim. The first theory involves a simple negligence claim. Negligence requires the plaintiff to show that the defendant owed a duty of care to the plaintiff, breached that duty of care, and the breach caused resulting damages. In proving a negligence cause of action, the plaintiff must successfully show that the manufacturer or product designer breached a duty of care when assembling or designing the product, the result of which was injury to the plaintiff or plaintiff’s family member.

    The second possible mode of recovery involves a breach of warranty claim against the product maker. Grounded in contract law, the breach of warranty theory asserts that the seller breached express or implied covenants that the product will work as it is supposed to work. This cause of action is based on the contractual agreement between buyer and seller.

    Lastly, strict products liability is the most difficult cause of action for a defendant product maker to overcome. In a strict products liability cause of action, the plaintiff is not required to show that the defendant was negligent to prevail. Instead, the plaintiff must successfully assert that the product was, in fact, defective, the defect was present at the time the manufacturer released the good, and the defect caused plaintiff’s injuries.