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Product Defect Class Action Lawyers

Certification as a class can enable litigation to proceed more expeditiously and cost-effectively, particularly in cases against large corporations. Because they lower the cost of legal claims, class actions may provide the only means for some plaintiffs to pursue their cases.

Product Defect Class Action Lawsuits Come In Many Forms

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.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

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.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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