Product liability is a very specific type of law. It is used to refer to defective products that have caused injury to others, from minor injuries to major catastrophic injuries. Regardless of the type of injury, the victim has the right to file a lawsuit against the product manufacturer and retailer to hold them accountable for the damages they have suffered.

Not every attorney in the Irvine area is qualified to file a product liability lawsuit. Product liability lawsuits are different than a standard car accident or motorcycle accident lawsuit because there are different elements and factors that your attorney will have to prove. For more information, and to speak with our legal team one-on-one and discuss your case, give our lawyers a call today.

Who is responsible for my product liability lawsuit in Irvine?

Since product liability looks into the creation of the product, all parties that were involved in the manufacturing and design chain could essentially be held responsible for a product defect. It takes a highly qualified attorney to look into the circumstances and the history of the product to identify all possible parties. Examples of the different types of parties that could be held responsible include:

  • Product manufacturers: this is usually the most common party that is held responsible for product liability accidents. The manufacturer could be held responsible for several different parts of the process as the product goes through the chain, including manufacturing and design.
  • Product distributor: the product distributor is one that has wholesale storage systems and distributes to smaller retailers like grocery stores. 
  • Product designers:  product designers are those who are usually involved in the beginning stages of the product. Product designers could be held responsible if the design of the product was dangerous and caused the injury. This is separate from a manufacturing defect, and the injured person must have to show how the design was defective, and how another alternative design would not cause such injuries.
  • Product installers: products are oftentimes assembled separately in a separate warehouse. If installed improperly, it could be defective, and cause injuries.
  • Marketing department: the department responsible for marketing the product could be held responsible if they improperly marketed the product for a different use than what it is meant to do. 

What are the different types of defects that a product could have for a product’s liability lawsuit? 

There are three different types of defects that a product could have that could cause injuries. The different types of defects include:

  • Design defects: this occurs when the product’s design itself makes it very difficult to use the product, or the design causes injuries.
  • Marketing defect: this type of defect occurs when the marketing department fails to give out proper warnings, or markets the product for a different use.
  • Manufacturing defect: manufacturing defects occur during the installation and assembly process.

Breach Of Contract Irvine Attorneys

Besides product liability, you could also file a breach of contract lawsuit for any injuries that you may have suffered from a product. Breach of contract lawsuits holds the product manufacturer responsible for the harm and damages caused by the defective product. The injured party must show how there was a contract between both parties. In this case, there was a contract between the purchaser and the product retailer. The purchaser will then have to show that the product’s safety and qualification did not meet The standards. The product manufacturer had to meet their obligations in the contract.

Strict Liability Irvine Attorneys

Strict liability holds the product manufacturers responsible for defects with their products, regardless of whether they took precautions or not. Strict liability holds the product manufacturers accountable even if they took precautions to make the product safely. 

What kind of injuries do product defects cause?

The types of injuries depend on the defect the product has, but generally, some injuries may include:

What are the most common product liability lawsuits in Irvine?

Although all products could be defective, there are some products that are more susceptible to being defective and are more common in product liability lawsuits. these products include:

  • Vehicle parts: when a vehicle’s parts are defective, it could increase the risk of vehicle accidents. The accident victim could hold several parties responsible for the accident, including the product manufacturer.
  • Medical products: medical products are also a very common product involved in a product liability lawsuit. This includes medical devices and implants.
  • Children’s toys: small and toxic children’s toys could be a potential health hazard to children, especially if left unsupervised. The most common children’s product that has been litigated has been children’s cribs.
  • Construction equipment: construction equipment has so many moving parts that if just one part is not properly taken care of and repaired, the entire equipment could malfunction. It is very dangerous to work at a construction site where there are defective equipment, and the employees are not properly trained. 
  • Food: contaminated food that causes food poisoning is also considered a product under a product’s liability lawsuit.

Product Liability And Fires

Defective products could also cause electrical and fire hazards. Those around the product are most likely to get electrocuted and suffer severe injuries. Electrocution could lead to catastrophic injuries, such as nerve damage. 

Irvine Product Liability Attorneys 

Call our Irvine product liability lawyers today for more information on how you could get compensated for your injuries. Product liability, as explained above, has several different parties involved in the process. Because the product is initially designed, then manufactured, then assembled, and then distributed, many parties could be held responsible. But, it takes a highly qualified Irvine product liability attorney to look into the circumstances of the accident, determine what was the defect of the product, and then pursue compensation from the correct party.

Contact our attorneys to get a one-on-one confidential consultation set up with our skilled legal team. We are available 24/7 to assist you with any questions you may have regarding your product’s liability case.

One of the most important things that your attorney could do is keep up with product defect news. Almost every week, there is some type of product recall. A highly skilled products liability attorney is one that constantly keeps up with news and legal research to make sure that their products liability claims are strong, and they file their lawsuit in time.

There is a time limit on when you could file a product liability lawsuit. It depends on the circumstances of the incident. For example, if you sustained injuries from the product, you should file your lawsuit within two years from the date of the incident. Also, if you have lost a loved one due to a defective product, you should also file your lawsuit within 2 years.

This statute of limitations is taken very seriously by the courts. There are also several exceptions that could extend the time for when you could file the lawsuit. But, not everyone is eligible for the exception. Give our attorneys a call to discuss today.

Heidari Law Group Irvine Practice Areas