So what does the term 'product liability' actually mean? The term product liability means that a product that's on the market has a defect in it that causes injuries or death to people. And what that means is that, a product isn't either designed or it's incorrectly manufactured. So that when it reaches the market, [...]
If I'm injured or a loved one is killed by a defective product, against whom can I make a claim? Under California law, you can bring a claim against any company or individual that's in what we call the 'chain of commerce' of that product. From the manufacturer of that product, to the company that [...]
What must be proven in a (California) product liability case? In California, we use typically the "consumer expectation test" to determine whether or not a product is defective. So in some cases, all that's required is the plaintiff to tell the facts of the story, and what happened with the product. And the jury, from [...]
Does it make any difference in the age of the (defective) product that caused an injury? Sometimes it does, sometimes it doesn't. Simply because the product is old doesn't mean that a plaintiff cannot recover for injuries caused by that product. In California, a plaintiff or the loved ones, or relatives of someone that died [...]
Isn't it hard to take on a product manufacturer in a legal (product liability) case? Sometimes there are some challenges to bring in a product liability, because the injuries might not be that severe and the company (product manufacturer) that produces the dangerous product has vast resources. And those companies make business decisions that they [...]
What damages can I recover in a defective product liability case? The damages that are recoverable under California law in a defective product case depend on the type of case of course. But in a typical case where the plaintiff was injured but survived, that plaintiff would be entitled to his economic damages and his [...]
