“Product Liability” is the area of law that deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from dangerous and defective products. Products subject to the law in California run the range from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, or even commercial jets. With respect to common law, the sale of a product was seen as a commercial transaction upon which only the parties to the commercial contract could sue. The law has evolved to the point where today virtually anyone injured by a “defective” product (defined as a product which is unreasonably dangerous for its intended use) can bring an action for damages against any party in the distributive chain of the product, whether it be the manufacturer, the wholesaler, or the retailer. Generally, there are three categories of “Products Liability” cases: Manufacturing Defects, Design Defects, and Failure to Warn Cases.

“Manufacturing Defect” cases involve products that come out off the assembly line with some defect that makes them different and more dangerous than all the other similar products that came out of the same assembly line. This is the “one in a million” defect where the product that injured the victim is different from all the rest.

“Design Defect” cases involve a product which is in itself defective. The defect is not limited to one defective product (as is a Manufacturing Defect Case), but every item that comes out of plant has the same defect that makes it dangerous. In Los Angeles, this type of case is sometimes referred to as the “less dangerous alternative design case” because a victim is sometimes required to show that there was a similar safer design which would have been made economically.

The third type of case is the “Failure to Warn” cases. Here the warning on the product is either non-existent, defective or inadequate. It is interesting to note here that depending on the state, the plaintiff’s conduct in using the product may be taken into consideration.

If you have any questions, please feel free to contact the Law Offices of Alon Darvish. Our Los Angeles attorneys are here to help you get what you deserve. Please do not delay. You may reach us at (800) 411-8141 for a free consultation or set up an appointment to visit our law firm located in Beverly Hills, California.