Product liability means that the manufacturer, wholesaler, or seller of a product is legally responsible if the product harms someone.

The person pursuing the lawsuit must prove that the product is defective. Three types of defects can occur to make a manufacturer or seller liable. These are defects in:

  • Design Defects: This means there is a defect inherent in the design of the product itself.
  • Manufacturing Defects: A manufacturing defect happens during the actual production of the product.
  • Marketing Defects: This means that the instructions for use of the product are inadequate or there is a failure to warn of a potential problem with the product.

The original definition of products liability applied to tangible objects. That definition has expanded to include intangibles such as gas, naturals such as pets, real estate such as a house, and writings such as navigational charts.

Each state has its own product set of liability laws. Because such laws can vary greatly, the U.S. Department of Commerce has established a Model Uniform Products Liability Act for each state to use if it wishes to. There is no federal products liability law.

Have You Been Injured by a Defective Product?

Product liability lawsuits are usually brought against the following parties:

  • Manufacturers of drugs that harm consumers
  • Manufacturers of devices such as prosthetic hips that harm patients
  • Manufacturers of toys that harm children or that have small parts that young children can choke on
  • Makers of defective or faulty automobiles and auto parts

Have you been injured by a product that is defective? Such injuries, if they can be shown to result from a defective product design, such as implantable metal hips that shed toxins into the patient’s tissues, may be the subject of a lawsuit.

For example, DePuy Orthopaedics, which manufacturers “metal-on-metal” hip implants, is being sued by hundreds of people because the metal design of these hips is proving toxic to tissue surrounding the implants.

As with the case of DePuy, if a manufacturer is proven negligent in the design or production of a product that has harmed you, you can sue the manufacturer for compensation for pain and suffering, medical costs, and the expense of lost wages.

Contact a Product Liability Attorney in San Diego

If you believe that you or someone you love has been harmed by a defective product, drug, or medical device, you should contact a product liability attorney in San Diego to sue and be reimbursed for the injuries caused by the product.

An experienced product liability lawyer will be able to tell you if you have a legitimate case. To find out if you qualify to file a claim, contact us today.