Throughout San Diego and the state of California, people use millions of products that they purchase, trusting that they are safe. According to the U.S. Consumer Product Safety Commission, each year approximately 400 defective products are recalled. Unsafe and defective products include pharmaceuticals, car and truck tires, medical devices and equipment, prosthetics, strollers, playpens, space heaters, other household items and more.
What is Product Liability?
We have the right to expect that what we use or what we eat is safe. Unfortunately, they are not always safe. Product liability refers to the law that governs the liability of manufacturers and others, such as suppliers, distributors, and retailers, for injuries or death caused to a consumer or user of the product by a defective or dangerous product. A product may be defective or dangerous because of a design flaw, a manufacturing defect, or because of a failure to provide warnings.
Defective products may be caused by errors in labeling, design, and manufacturing or even because of false marketing claims. Because of these dangerous or defective products, thousands of innocent people suffer tragic consequences in the form of injury or even death.
Types of Defective Products
Our experienced attorneys are ready to help people with products liability cases involving these issues for clients injured by:
- Machines and equipment used at work
- Gas tank explosions
- Prescription medications
- Vehicle rollovers
- Defective tires
- Unsafe consumer products
- Defective machine design
- Unsafe prescription medications
- Auto parts
- Children’s toys
- Household appliances
Statue of Limitations
Whenever the law grants a right to seek recovery for wrongdoing, it also places restrictions on how long the victim has in which to take legal action. If the victim delays too long in seeking compensation, he is said to have “slept on his rights” and his claim will not be heard. These limits are called “statutes of limitations” and they vary depending on the nature of the wrong that was committed. In many cases, there are other limitations on taking legal action, as well. If you or a loved one has been injured, it is important that you promptly contact a qualified personal injury lawyer to investigate your rights so that you do not lose your right to recover damages.
Consumer product safety issues involving dangerous, defective, or faulty products are civil lawsuits that fall under Tort law. Although, the United States Department of Commerce has instituted a Model Uniform Products Liability Act (MUPLA), this model does not constitute laws and was created for voluntary use by states.
Tort laws are not federal laws; they are state statutory laws that vary from state to state. In fact, there are no federal product liability laws. Still, there are certain types of defective product cases where federal regulatory laws do play a part in lawsuits that are then applied in context of state laws. For example, even in cases where federal law exists, individual state statutes of limitations and the amount of damages that can be awarded are still called into play.
Contact a Defective Product Lawyer Today
With over 20 years of experience, the San Diego attorneys at the law offices of Howard A. Kitay are committed to protecting the rights of consumers from large manufacturers that create and market dangerous and defective products. When you or someone you love has been hurt because a product wasn’t made correctly or was manufactured with substandard parts, our attorneys have the resources needed to build a compelling case for justice and full compensation of your claim.
At the law offices of Howard A. Kitay, our legal team is committed to providing aggressive and effective representation for the victims of defective product accidents, and will work diligently to help you recover compensation for your medical expenses and any other losses should you become injured due to the negligence of a product manufacturer or distributor. To learn more about your rights and legal options for recovery, call our San Diego personal injury lawyers today at 619 442-0542.