The attorneys at Mastagni Holstedt, A Professional Corporation handle products liability claims on behalf of people throughout California who have suffered serious personal injury or wrongful death because of a negligently made defective product.
Every product must be made safe not only for its intended purpose but for any reasonably foreseeable use as well. When injury results from a breach of this duty, a products liability claim may be brought on behalf of the victim. A product may be defectively designed or defectively manufactured, or it may fail to include adequate warnings or instructions for safe and proper use.
A products liability claim may be based on a theory of negligence, or may be brought as a breach of an express warranty, an implied warranty of fitness, or a guarantee of fitness for a particular purpose. Products liability claims differ from other personal injury lawsuits in that the plaintiff does not have to prove fault on the part of the defendant, but rather simply that the defendant placed a defective product into the stream of commerce, and that product injured the plaintiff.
Defectively Designed, Defectively Manufactured
When a product is defectively designed, all the units of that product that are made are capable of causing harm. An example of this might be a car that rolls over on a sharp turn or explodes in only a minor rear-end collision, or an iron that is not equipped with an automatic shut-off. These types of cases usually cause numerous injuries and are often the subject of class action lawsuits and product recalls.
A product that is defectively manufactured may be an isolated incident affecting only one unit, or it may be due to a malfunction on the assembly line that creates hundreds or thousands of defective units. Whenever anyone is injured while using a particular product, it is crucial to thoroughly investigate what caused that injury and determine whether faulty manufacture may be responsible.
Failure to Warn, Lack of Instructions
Some products are inherently dangerous if not used with necessary precautions, such as protective eyewear or gloves to avoid serious chemical burns. Others must be used only in well-ventilated areas. As further example, without proper instruction, power tools could result in the loss of a limb or death. These types of catastrophic injuries can be avoided if manufacturers take the necessary precautions, but when products do not contain conspicuous, adequate warnings and instructions, they are considered defective under products liability law.
Experienced Trial Lawyers
Our firm has handled products liability cases involving law enforcement, such as gun and weapon malfunctions and holster malfunctions, as well as a host of cases involving engineering defects, design defects, manufacturing defects, and electrical defects in automobiles, motorcycles, airplanes, helicopters, and industrial equipment (including milling machines, tub grinders, log splitters, bailers, and forklifts). If you or a loved one has been seriously injured by a malfunctioning or defective product, contact Mastagni Holstedt, A Professional Corporation for a free consultation.