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Products Liability Claims In Car Accident Cases
If the plaintiff’s injuries were caused by a defectively designed or manufactured product, the plaintiff may be able to pursue a products liability case against the sellers of that product. Products liability cases are governed by special rules which sometimes makes it easier for the plaintiff to establish liability on the part of the defendants.
Generally speaking, there are three types of product defects which may cause injury thereby giving rise to liability on the part of the sellers of that product: design defects, manufacturing defects, and marketing defects. The “sellers” of the product include all parties who are in the product’s chain of distribution, such as the product’s designer, manufacturer, wholesaler, or retail supplier.
A design defect is a problem related to intentional design of the product, thus it exists even before the product is built or assembled. A product has a manufacturing defect if it contains some unintended flaw which occurred when the product was being manufactured or assembled. A marketing defect is a flaw in the way the product was marketed, for example when the seller fails to provide adequate instructions or warnings for the product. Products liability lawsuits will generally be based on theories of negligence, breach of warranty and / or strict liability.
Every automotive products liability lawsuit is different and the specific facts and circumstances of each case will determine the best legal theory to pursue and the evidence which will be required to prove the plaintiff’s case. There are many different exceptions, nuances and defenses to products liability claims. This is a complex area of law and you should never try to determine if you have a valid lawsuit on your own.
If you or someone you love has been severely injured in a car accident and you suspect that a defective product is to blame, contact The Brady law Group and get a free, confidential case evaluation from one of our experienced California trial lawyers.
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The information on this web site is for informational purposes only and should not be construed as formal legal advice. Viewing or submitting information on this web site does not create an attorney-client relationship. Any case results stated on this web site were dependant on the facts of that case and are not a guarantee, promise or prediction of future results. Results will differ from case to case. You should never take, or refrain from taking, any action which may affect your legal rights without first seeking the advice of a qualified attorney. We make no claim of copyright to official government works. This web site is not intended to solicit clients for matters outside the State of California.
