Product Defect Class Action Lawyers

California’s consumer product defect laws are designed to protect consumers from unsafe products and to hold manufacturers, distributors, and retailers accountable for damages caused by defective products. These laws fall under the broader category of product liability, which allows consumers to seek compensation for injuries or damages. Here’s a summary of the key aspects:

Types of Product Defects

California recognizes three primary types of product defects under its product liability laws:

• Design Defects: Flaws in a product’s design that make it inherently unsafe, regardless of manufacturing quality.
• Manufacturing Defects: Defects that occur during the manufacturing or assembly process, resulting in a product that deviates from the designer’s specifications or from other identical units, making it more dangerous.
• Warning Defects: Failures to provide adequate warnings or instructions about the product’s use, which could prevent injury.

Legal Theories for Claims

Consumers can bring product liability claims under several legal theories, including:

• Negligence: The plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused harm as a result.
• Strict Liability: California’s product liability laws allow for strict liability claims, where the plaintiff needs to prove the product was defective, the defect existed when it left the defendant’s control, and the defect caused the injury. Strict liability does not require proving negligence.
• Breach of Warranty: Claims based on the failure of a product to meet the standards asserted by express or implied warranties.

Damages

Consumers harmed by defective products may seek various forms of compensation, including:

• Medical Expenses: Costs of treatment for injuries caused by the defective product.
• Lost Wages: Compensation for lost income due to the inability to work because of injuries.
• Pain and Suffering: Compensation for physical and emotional distress.
• Punitive Damages: In cases of egregious misconduct, punitive damages may be awarded to punish the defendant and deter future misconduct.

Consumer Protections

California has enacted several specific statutes and regulations that provide additional protections against product defects, such as:

• The Song-Beverly Consumer Warranty Act: Often referred to in the context of the “Lemon Law,” it provides protections for consumers who purchase new vehicles that turn out to be defective.
• The Magnuson-Moss Warranty Act: A federal law that applies nationwide, providing consumers with protections against breaches of warranty.

California’s comprehensive approach to consumer product defect laws underscores the state’s commitment to consumer safety and accountability for manufacturers and sellers. By allowing for various legal theories and recognizing different types of defects, these laws offer broad protections to consumers harmed by defective products.