What type of claims can be brought by a consumer against a manufacturer?
In California, consumers typically bring products liability claims against a manufacturer when they have suffered an injury due to a defective product. Such claims can be brought by a consumer for either negligence, breach of warranty, or strict liability. Negligence claims allege that the manufacturer was careless in the production or distribution of the product, leading to the consumer’s injury. Breach of warranty claims allege that the manufacturer did not meet the promises it made on the product label or in an advertisement, resulting in the injury. Finally, strict liability claims allege that, regardless of how careful the manufacturer was, the product was defective, leading to the injury. When bringing a products liability claim against a manufacturer, the consumer typically must prove that the product was defective, that the defect resulted in the injury, and that the consumer used the product as intended. Depending on the type of claim, the consumer may also need to prove that the manufacturer was careless or that they did not live up to an implied or expressed warranty. Overall, the type of claim a consumer can bring against a manufacturer for an injury caused by a defective product can vary greatly. However, regardless of the type of claim, a consumer should consult with an experienced attorney to ensure that their rights are fully protected and that they receive the compensation they deserve.
Related FAQs
How does the doctrine of “assumption of risk” apply in product liability cases?What is a “market share” theory of liability?
What is the legal standard for determining whether a product is dangerous or defective?
How does a plaintiff prove causation in a product liability case?
What types of safety warnings are required by product liability laws?
What types of legal documents are required to bring a product liability claim?
How does a company determine if a product design is safe?
What is “warning label negligence”?
How does a product liability claim arise due to a design defect?
What is “strict liability”?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023