Products Liability
The Law Offices of Vernon C. Krol & Ronald C. Koerner represent clients in Southern California who have been injured by dangerous and defective products.
Manufacturers and distributors of products have a duty to make sure that their products are safe to use. Products liability cases arise when a defectively designed or manufactured product causes an injury or a death, or when the product fails to warn about a foreseeable risk. Product liability cases generally fall into one of the following three categories: design defect, manufacturing defect and failure to warn.
Design Defect
Design defects occur when a product's design is fundamentally flawed. In cases involving design defects, the product is defective before it is manufactured. If a product has a design defect, every single product manufactured according to this design will be similarly defective and dangerous.
Manufacturing Defect
A manufacturing defect occurs when something happened during the manufacturing process that caused this one product to be dangerously defective. This type of defect is usually the most readily apparent because other identical products are not defective. Potential causes of a manufacturing defect include faulty equipment on the manufacturing line, the manufacturer's failure to check the quality of the finished product, or the use of substandard materials.
Failure to Warn
Products must carry clear and complete warnings of any reasonably foreseeable hazards. Even if a product is safe in its design and manufacture, if the warnings and instructions are incomplete, vague, or fail to disclose a known risk associated with a product, the manufacturer can be held liable for any resulting damages. Even if the danger was discovered after the product went on the market, the manufacturer can sometimes also be held liable for failing to take steps to correct or add proper warnings.
Some products contain inherent dangers, even when used properly. For instance, the product may be flammable or emit toxic vapors, or require the use of gloves, eyewear and other protective gear in order to use safely. In that case, it is incumbent upon the manufacturer to warn the consumer about these potential dangers. Failure to provide an adequate warning renders a product defective within the meaning of products liability litigation. Even when a product is used for other than its intended purpose, if that off-label purpose was reasonably foreseeable by the manufacturer, failure to warn of potential dangers again exposes the makers of the product to liability.
Potential Defendants
Even if the defect is the fault of the manufacturer, it is not only the manufacturer who may be held liable. Legal action may be pursued against any party in the stream of commerce, such as the manufacturer, distributor, or retailer who sold the faulty product.
Consult an Experienced Attorney
If you have been injured by the use of a defective product, contact the products liability lawyers at the Law Offices of Vernon C. Krol & Ronald C. Koerner to discuss your claim.
