What happens in the event of a defective construction product?

In California, the parties involved in a construction project could face legal action if a defective product is used. Depending on the circumstances, the manufacturer of the defective product, the supplier, the contractor, the property owner, and other subcontractors may all be held liable for damages. If the product is defective and causes damage to property, the injured party may bring a lawsuit against the responsible parties to recover damages. The lawsuit will typically be based on a legal theory such as negligence, strict liability, or breach of warranty. A negligent party is one who did not exercise the same degree of care that a reasonable person would have under the same circumstances. Strict liability means the responsible party is liable for damages regardless of their level of care. Breach of warranty implies that the product did not meet promised levels of quality or performance. The potential damages in a construction law case could include medical bills, lost wages, repair costs, and other costs related to the defective product. The injured party may also be entitled to compensation for any emotional distress caused by the defective product. The responsible parties may also be required to pay attorney fees and court costs for the injured party. If a settlement cannot be reached, the case may be decided in court. In court, a judge or jury will consider the evidence and decide who should be held responsible for the damages. If the injured party is successful in their case, they may be awarded damages from the responsible party.

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