West Sacramento Products Liability Lawyer
Most of the products sold in the United States are safe. We have governmental regulatory agencies as well as many consumer safety groups that work to ensure that the products sold on the American marketplace are safe to use. Because there are so many safeguards in place, we gain an innate sense of confidence and do not anticipate that we may be harmed by a product we purchase. Although there are many safety controls - product testing and regulations with regard to the manufacturing process - no system is ironclad. Negligence may occur at many different phases of the manufacturing process, resulting in a defective or dangerous product making it to store shelves. When that happens, injuries to consumers may occur. There have even been some products sold that resulted in consumer deaths. When negligence by a manufacturer or retailer causes injuries, the victims are entitled to monetary recovery.Legal Responsibility
As discussed above, despite the safeguards within the United States marketplace, defective and dangerous products are sold with alarming regularity. Many times, a manufacturing defect will remain undetected unless and until it causes harm to a consumer. The same is true of design flaws. It is not possible to completely eliminate the potential for danger, and because of that California law allows for civil remedies if the use of a dangerous product results in injuries to a consumer.
An experienced products liability lawyer will first investigate at what point in the manufacturing process the negligence occurred. Knowing that information will determine the entity that should be held liable (legally responsible) for the injuries that the product caused. Many times in a products liability matter there is more than one defendant (person or entity sued for damages). Most commonly, the defendants in products liability case are any combination of the following:
- Assembly manufacturers
- Parts manufacturers
Many times in products liability cases, the manufacturer will be liable for injuries caused partly due to its failure to provide a warning of the risks associated with the use of its products. A product manufacturer has a duty to warn consumers of any known hazards that may arise from the use of its product. Some warnings are required to be directly affixed to the product on a label, others must be included with the written paperwork that accompanies the product. Besides “failure to warn”, there are other areas of liability that may come into play in a products liability matter, including:
- Defects in Design
- Defects in the Manufacturing Process
Certain categories of products are, by their very nature, more likely to present danger than others. Below is a list of the types of products that more commonly become the subject of a products liability case:
- Prescription and Over-the-Counter Drugs. Medications can have harmful side effects, and they are susceptible to manufacturing defects. Additionally, they have stringent labeling and warning requirements that a manufacturer may fail to meet. Zantac, Belviq, and Metformin are a few medications that are currently the subject of drug products liability lawsuits.
- Medical Devices. Like medication, devices used for medical procedures are fraught with the opportunity to cause harm to a consumer.
- Industrial Machinery and Equipment
- Furniture and Toys Marketed for Children. Risks could include tipping, choking, and entrapment.
- Household Appliances. They can present risks of electrocution or fire.
- Vehicle Accessories
- Clothing. May be unreasonably flammable or present a choking hazard
When a product presents a very clear danger, it will often be recalled from the market. Some recent examples of recalled products are:
- Certain Allergan breast implants have been recalled by the Food & Drug Administration (FDA).
- Johnson & Johnson's Baby Powder was removed from the market by the manufacturer.
- Takata airbags were the subject of a manufacturer recall.
- Zantac had certain formulations recalled by the FDA.
- Metformin has been subject to multiple manufacturer recalls.
Many types of injuries can result from the use of a hazardous consumer product. In some cases, especially those involving a medication, the damage or injury is not immediately obvious and may develop over time after prolonged use of the product.
Some common injuries that give rise to products liability cases are:
- Broken Bones
- Head Injuries
- Cancer diagnosis after use of a defective or dangerous drug
It takes experience and perseverance to pursue a lawsuit against a profitable company. It also takes strength and courage to recover from severe injuries. Many American consumers have been permanently disabled, stricken with chronic pain, or diagnosed with a serious disease simply because they trusted that a product they purchased would be safe to use. If you have been harmed by the use of a defective and/or dangerous product, it is important that you take the essential step of consulting with our skilled West Sacramento products liability lawyers. We can inform you of your legal rights and the options available to you. Our attorneys have years of experience, and that is the key to success in such a case. Please reach out to us with any questions, at no obligation.
Watch the YouTube video below on preventing household poisonings.West Sacramento Products Liability Lawyer
My name is Ed Smith, and I’m a products liability attorney in West Sacramento, California. If you or a beloved family member has been injured or harmed a result of using a hazardous consumer product, my law firm can provide compassionate, free, and friendly advice. Because time is of the essence for the collection of evidence, you will want to seek a qualified West Sacramento products liability attorney as soon as possible in order to preserve your legal rights and to maximize the value of your case. Call our office at (916) 921-6400 or from outside the local area at (800) 404-5400.
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