Product Liability

Defective products should not be taken lightly. Certain instances of defective products have led to serious injury or even death. If you have been harmed by a consumer or industrial product, contact the Oakland defective product lawyers at Weltin, Streb & Weltin.

Companies are always pushing to make the next big thing that improves the quality of life and takes the world by storm. But, with this progression comes danger. Many of these products have been rushed to market and have the potential to cause harm.

In 2010 alone, the Consumer Product Safety Commission announced recalls of 362 different products due to health hazards. These recalls ranged from children’s toys to high powered power tools. In any product sector there is most likely a product that can put you at risk of injury. These products that work improperly and present hidden dangers are classified as defective.

When it comes to responsibility for the damage caused by the product, the manufacturers  are held strictly liable. Lawsuits based on these defective products are classified as strict product liability claims. Strict liability means that if the product meets the legal guidelines to show that it is defective, the manufacturer is completely liable for all harm caused and there is no need to show any fault or negligence on the part of the manufacturer. In most instances, all parties in the chain of commerce who regularly deal in that sector may also be held strictly liable. This typically includes distributors, wholesalers and retailers.

California law recognizes three different types of personal injury claims based on product defects. The first type is called a manufacturing defect. This defect happens when a product is not produced as was initially intended, and results in injury. For example this  may include such things as a piece of metal  in a restaurant dish, an airbag that failed to deploy in a large accident or an electrical malfunction of a light or TV that causes it to short out and start a fire.

The second type of claim in regards to product liability is called a design defect. This defect happens when the product works as it initially was intended, but the overall design of the product was considered dangerous or harmful.. Examples of these dangerous products include off-road vehicles with three wheels that have an exceptionally high risk of tipping, and automobiles like the  Ford Pinto which was initially created with the gas tank exposed to any back-end collisions and created an enormous fire hazard.

The third type of claim in regards to product liability claims is known as the warning defect. In many instances, a product may have dangers that are not able to be removed, yet the product remains  useful to society. Whenever this instance occurs, it is up to the manufacturer to notify the customer of the potential dangers of the product. For example weaponry like knives are naturally dangerous, there is no need to inform the customer that the knife is sharp, but a customer might be unaware of the potentially harmful chemicals that are in their hairspray, or the risk of shock when using a specific type of toaster. In these scenarios, the manufacturer is required to warn customers of the injury risk.

Product liability suits are a means to provide important compensation for victims of injury. These suits also benefit society as a whole by improving the overall safety of products. These law suits help initiate recalls of harmful products, and make sure that those who are profiting from selling  dangerous products are held liable.

At the offices of Weltin, Streb & Weltin our team is filled with experienced Bay Area defective products attorneys. We have handled countless product liability claims successfully, including cases involving auto rollovers, hot tubs, and other mechanical defects. We have the resources to consult with industry experts, thoroughly investigate the product in question, and present your claim effectively if it goes to trial. Contact us today at (510) 251-6060.