Santa Barbara Product Liability Attorney

Theories of product liability recovery

Strict liability –Under California’s strict liability law, if plaintiffs can prove that they were injured by a product because it had a manufacturing defect, design defect, or did not contain adequate warnings, they may recover for their injuries and damages without having to prove that the defendant was negligent. Not having to prove negligence makes it easier for plaintiffs to recover.

Negligence – Plaintiffs also may bring a product liability claim under a theory of negligence showing that the defendant’s negligent conduct resulting in an unreasonably dangerous product directly caused the plaintiff’s injuries.

Breach of warranty – Plaintiffs also may claim that the defendant breached an express or implied warranty that the plaintiff relied on when using the product and was injured as a result.

Dangerous products on the market

Dangerous products may get into the hands of unsuspecting consumers in several different ways. See below for some common scenarios.

• Recall notification procedures are not always effective and frequently consumers are not made aware that a product they have is dangerous and they continue using it.
• Not all dangerous and defective products can be recalled because millions of products are sold each year and it is not possible to inspect all of them for safety.
• The United States imports a large number of consumer products and it is harder to monitor the safety of products that are produced in other countries.
• In store sellers are required to stop selling recalled products, but sometimes these products remain on the shelves and are eventually sold to consumers.
• Third party sellers, typically online, are required to stop selling recalled products, but they sometimes continue selling the product anyway.

Regardless of how a dangerous or defective product got into your hands, if you or a loved one sustained injuries due to an unreasonably dangerous product, contact a Santa Barbara product liability attorney at The Compass Law Group, PC to discuss your claim. Manufacturers, distributors, and retailers need to be held accountable for dangerous consumer products that they put on the market and you deserve to be compensated for your resulting injuries and damages. Depending on the circumstances of your injury, you may be entitled to recover for property damage, medical bills, future medical bills, pain and suffering, and lost wages.