San Diego Defective Product Attorney
Each day, millions of products are bought in both stores and over the internet. We purchase these products with the assumption that they will do what they are designed, and stated to do. Deviation from this—especially in hazardous situations—can mean serious injury or even death to unknowing consumers. Defective toys caused over 200,000 injuries in 2002 alone, according to the Consumer Product Safety Commission.
Product Liability suits stem from three scenarios:
- The product’s design is defective or unsafe. The problem lies within the product’s original design. The manufacturer merely followed those plans. The negligent party in this case is the designers.
- The product’s design is satisfactory, but it was manufactured incorrectly—causing a defect. The negligent party in this scenario is the manufacturer, not the product’s designer.
- The product’s instructions were ineffective or problematic. In most cases under this scenario, warnings are not correctly placed or are insufficient for the product. The negligent party is those responsible for writing and distributing these instructions.
From its conception to production, products must be made safe and effective for consumers. Designers have a duty to the consumer to design such a product, while the manufacturers have a duty to the designers and the consumer to manufacturer that safe product according to specifications. If a defect inherent in the product’s design can not be “designed out,” the manufacturer is responsible for manufacturing the product to safety standards. This will include proper labeling, hazard warnings, and detailed instructions to be included with the product in question.
If you or a loved one have been seriously injured by a defective product:
- Seek immediate medical attention. Call 911, or have a loved one drive you to the emergency room. Keep records of all medical visits, costs, and mileage.
- Save the defective product, including its original packaging, instructions, and labels. Store in a safe place, and avoid using or disturbing the product again until speaking with an attorney.
- Write down all important information relating to the product, including it manufacturer, designer, model name, model number, and place of purchase (record the website if necessary).
- Contact a highly-experienced California defective products or product liability attorney as soon as possible.