DEFECTIVE PRODUCTS Call now for FREE ADVICE! 619-338-8230       22,000 deaths and 29.5 million injuries are associated with consumer products under the U.S. Consumer Product Safety Commissions jurisdiction. The injuries and deaths and associated property damage from defective products cost the American public over $500 billion annually. The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year. A large percentage of these recalls involve children's products and toys. Other products recalled because of defects or dangerous conditions include automobiles, tires, furniture, household appliances, tools, and safety equipment such as smoke detectors and fire alarms. These products are designed for our safe use, when they fail because of defects they can cause serious injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and even death. While there is no federal product liability law, California has laws designed to prevent harm and provide compensation for damages or injuries caused due to a defective product. There are many examples of product liabilities including defectively designed or manufactured products; products that do not live up to their respective warranties or guarantees; products that causes injury due to normal use and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage. Product liability laws refer to the liability of anyone with a responsibility for a product that causes injury or damage due to a defect, from the supplier or manufacturer to the seller or retailer. Liability claims can be based on negligence, strict liability, or breach of warranty. The most common claim against a manufacturer is a strict product liability claim. If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was negligent (necessary in most other injury claims) but you may have to establish the following: The product was, in fact, defective; The defect existed prior to the manufacturer releasing the product; and The defect caused your damages. A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective. However, there are a number of factors the court will take into account when making its determination, including: the manner in which and the purposes for which the product has been marketed; the packaging of the product; the use of any mark in relation to the product; instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product; what might reasonably be expected to be done with the product; and the time when the product was supplied. Products that are older and subject to more use would not necessarily be expected to be as safe as brand new ones. Similarly, products would not necessarily be defective simply because the safety of later models had been improved. Call us now if you believe you or a loved one may have been injured by a defective product.       San Diego Injury Law Center 1202 Kettner Blvd., Suite 4400 San Diego CA 92101 Tel: 619.338.8230 Fax: 619.338.8134 info@sdinjurylaw.com FREE CONSULTATION EVALUATION FORM (all fields required) Name:     Email:     Phone:                 Describe Your Legal Matter:                                                   Serving San Diego, El Cajon, La Mesa, Spring Valley, Mission Valley, Hillcrest, Alpine, Lemon Grove, Santee, Lakeside, Ramona, Vista, Fallbrook, Bonita, Chula Vista, Eastlake, Julian, Mira Mesa, Tierrasanta, Otay Mesa, National City, Imperial Beach, San Ysidro, Jamul, University City, Escondido, Ocean Beach, Pacific Beach, La Jolla, Del Mar, Encinitas, Coronado, Oceanside, Poway, San Marcos, Carlsbad, Solana Beach   Disclaimer: The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their specific legal issues.           HOME | PERSONAL INJURY | AUTOMOBILE ACCIDENTS | NURSING HOME NEGLECT DEFECTIVE PRODUCTS | CONSTRUCTION SITE ACCIDENTS | INSURANCE DISPUTES       © 2005-2007 San Diego Injury Law Center, All Rights Reserved 1202 Kettner Blvd., Suite 4400, San Diego, CA 92101 Tel: 619-338-8230 info@sdinjurylaw.com