Product Liability: Answers to Frequently Asked Questions
If someone is injured using a product that you created or sold, you need an experienced defense team on your side. Edlin Gallagher Huie + Blum has helped businesses, manufacturers, distributors and product designers across California demonstrate that they are not responsible for a user’s unfortunate injury.
Product liability cases can be complex, and you may have a lot of questions. Below are answers to a few frequently asked questions. To discuss your specific case and legal options, complete our contact form or call 213-444-7186 today. We can meet at our offices in Los Angeles or San Francisco.
If There Is A Disclaimer on Our Product, Are We Liable for An Injury?
Every case is different. An argument can be made that, since you warned users, their negligence caused an injury. However, it is not always so simple. A plaintiff’s legal team might argue that the warning was not sufficient to protect their health. Our team will need to evaluate your case in greater detail along with the product’s warning labels and safety instructions.
Are We Liable If The Plaintiff Is Injured by An Old Product?
No product is created with the expectation of lasting forever. Each item has a “useful life” during which it will operate as intended. Eventually, all products will deteriorate and be unable to perform as they were designed. This concept could serve as a possible defense if the plaintiff was injured by an older product that was past its reasonable life span.
When Is A Manufacturer Liable for A Plaintiff’s Injuries?
If a production error renders a product dangerous and causes injury, you may be held responsible. However, the user must be able to prove that the product was actually defective and that the defect caused them to suffer.
If The Plaintiff Filed A Lawsuit after California’s Two-Year Statute of Limitations, Will It Be Thrown out?
In most cases, injured parties only have two years to file a personal injury claim. However, this deadline may be pushed back if the individual was unaware of the injury for a period of time or if the injured party was a minor.