What types of products are subject to defective products law?

Defective products law in California applies to products that are sold, leased, or given away with the expectation that they are safe for their intended use. Products that can be subject to defective products law include consumer goods, toys, household items, medical devices, appliances, tools, and motor vehicles. Under defective products law, a product is considered defective if it fails to function in the manner marketed by the manufacturer, or if it poses a “substantial risk” of injury or death to the user due to a design flaw, manufacturing defect, or inadequate warnings. A product can also be considered defective if it does not meet the industry standard for safety. Additionally, products that have been altered, tampered with, or misused may be subject to defective products law. For example, a defective product could include a toy that has been modified to include unsafe parts or a motor vehicle that has been modified in such a way that it becomes unsafe. In order to establish a claim for damages under defective products law, the plaintiff must demonstrate that the product was defective, and that they were injured as a result of that defect. The plaintiff must also show that they used the product in a manner that was reasonable and foreseeable. Damages may include reimbursement for medical expenses, lost wages, pain and suffering, and punitive damages, depending upon the circumstances of the case.

Related FAQs

What is strict liability in defective products law?
What are the legal requirements for a product to be considered “defective”?
What is the “consumer expectation test” in defective products law?
What is a “market share liability” in defective products law?
Who is liable for a defective product?
What types of damages are recoverable in defective products cases?
How is causation established in a defective products case?
What type of damages can be awarded in a defective products case?
What are the defenses available to a manufacturer in a defective products case?
What is the “state of the art defense” in defective products law?

What types of products are subject to defective products law?

Related FAQs

Related Blog Posts