California has a series of statutes that protect consumers from defective products, which allow you to make claims before the authorities in the event of suffering a personal physical or psychological injury due to this reason.
In this sense, to apply the civil liability regime for defective products, the producer of the good or service must be the one who has manufactured or imported it, and its use must have been destined for private consumption, mainly affecting the buyer, lessee, or their tangible assets.
However, to obtain compensation for the damage received, the plaintiff must prove the defect in the product, the damage it has caused and the relationship that exists between the two to validate the reason for his claim.
To do this, the affected party must establish the following:
- That the product was manufactured, sold, or distributed by the defendant.
- That the product was already broken or had a manufacturing defect when it was sold by the defendant.
- That you used said product in a predictable manner and the product caused you personal injury through its use or consumption.
Now, if the institution or jury finds that the defendant did not take reasonable precautions to prevent this, you may be able to receive compensation or take your case to trial if you feel like it.
To do this, remember that product liability and its laws in California apply in the following cases:
- Design defects: If a product is not well thought out during its layout or construction stage, and since its creation it is dangerous and causes harm to you or a loved one, you can make a claim immediately once the accident has occurred.
- Manufacturing defects: If during the production of a good or service there is an error that causes a defect in it and that puts your life or that of a loved one at risk, you also have the right to file a claim with the authorities. competent.
- Defects due to a warning: If the packaging or label of a product has ambiguous or inadequate indications, and they cause a personal, temporary or permanent injury, filing a complaint with the corresponding institutions is completely valid to obtain compensation.
Please note that California product liability laws protect the plaintiff and strictly hold the defendant liable for their damages, even if the victim cannot prove that the manufacturer or seller was negligent in providing the good or service.
In the case of leasing or renting a product such as a car, motorcycle, or electrical appliance, and there is a breach of warranty or breach of contract by the plaintiff, resulting in death, illness, or personal injury , their relatives will also be able to express their complaint to the authorities.
Also keep in mind that if you lose a family member for these reasons, you will have a maximum of two years to file your claim with the corresponding evidence.
If you have more doubts regarding this topic, contact our law firm to clarify them and offer you coherent options according to your case.