Cartwright, Scruggs, Fulton & Walther
Santa Cruz's Most Experienced Personal Injury Law Firm
1340 Soquel Ave, Suite 215
Santa Cruz CA 95062
831.457.1700
www.csfwlaw.com
Product Liability
Have you been hurt by a defective product?
In products liability cases it is especially important that an immediate investigation be conducted. Additionally, it is crucially important that the product, of whatever kind, be preserved. Then take prompt action to acquire legal representation.Read the advice on this page, then get legal advice NOW!
Request a FREE consultation or use the form below to contact one of our qualified attorneys specializing in product liability cases.Product liability cases involve claims that a defective product caused injury. A product may be defective in its manufacture, design, or because there was a failure to warn of potential hazards connected with the use of the product. Strict products liability cases are different from typical negligence actions, such as where an injured party claims that another driver caused an accident, because products liability actions focus on not the conduct of the designer, manufacturer or distributor of the product, but on whether the product itself was “defective.”
Strict products liability allows the injured consumer to pursue an action for damages against all those in the chain of distribution of the product, i.e., not only manufacturers, but also wholesalers, distributors, retailers, and designers of the product. Consequently, even though one entity in the chain of distribution of the product may be out of business or bankrupt does not prohibit someone injured by a defective product from receiving compensation.
What Types of Product Defects Are There?
Strict liability for a “manufacturing defect” may be found where a product differed from the manufacturer’s intended result or from apparently identical products of the same manufacturer, where the product was used in a reasonably foreseeable manner, and where it caused an injury.
A “design defect” can be found even though a product is manufactured perfectly, but the product either fails to perform as safely as an ordinary consumer would expect when using the product in a reasonably foreseeable manner, or the risk of danger inherent in the use of the product outweighs the benefits of its design.
What Kinds of Products Have Been Known to Have Design Defects?
Obviously, the list of potential products which may have “design defects” is virtually endless. Claims for design defect can range the gamut of products, from cars, trucks, planes, household products, work machinery, toxic chemicals, prescription drugs, pesticides and medical products of all types. For example, automobile manufacturers can be sued because a car which they have designed lacks sufficient “crashworthiness.” Claims of this type have been made where vehicles–especially SUVs and vans–are designed which are unstable, tend to roll over, are unacceptably susceptible to roof crush, lack sufficient restraint systems, have fuel tanks susceptible to explosion, or other such unsafe design defects.
In addition to the more commonly known medical products which have been alleged to cause serious health problems, such as breast implants, Fen-Phen, and Sulzer knee and hip replacements, there are a large number of prescription drugs and ingredients which may cause serious side effects. These medications and ingredients include Baycol (a cholesterol-lowering medication), Propulsid (Cisapride), Rezulin (Troglitazone), PPA (Phenylpropimolamine), Gammagard (an IV immunoglobulin), Lotronex (Alosetron), Prempro, and Levothyroxine Sodium.
Governmental entities are an excellent source of information regarding potentially defective products. Whether it is the National Highway & Traffic Administration (NHTSA) which regulates automobile safety, or the Food & Drug Administration (FDA) which regulates drug efficacy and safety, there are a myriad of governmental entities which can provide valuable resources to investigate whether a particular product is in fact “defective.”
What You Should Do in Defective Product Cases
As was explained in our "What to do if you are in an accident" page, in products liability cases it especially important that an immediate investigation be conducted. Additionally, it is crucially important that the product, of whatever kind, be preserved. Whether the case involves a potentially defective automobile or prescription drug, the product must be preserved, and all documentation, including warnings, manuals or instructions must be maintained.
Regardless of the information which an experienced attorney can obtain through informal investigation, government or independent literature sources, or even the formal discovery process, expert advice and testimony is crucial in understanding, explaining and proving a products liability case. Often times it is necessary to perform destructive testing on exemplar products in order to prove that the one which caused the injuries was defective. This process is a time-consuming and expensive one, but necessary to prove the case.
