What’s unique about product liability cases is the legal concept of “strict liability,” which holds a product’s manufacturer or distributor “strictly” liable for injuries caused by a defective product, without any legal need for direct proof of negligence or irresponsibility. In other words, a plaintiff may recover damages even if manufacturers and distributors have exercised all reasonable care in the creation, transport, and sale of a product. Product liability is thus unique because in most other personal injury cases – slip-and-fall cases, for example – a defendant must be found negligent to at least some extent before damages will be awarded.

In a product liability case, an injured plaintiff still must prove that the product was defective, that the defect directly caused the personal injury, and that the defect thus made the product dangerous. A plaintiff who can prove these three charges may recover damages even if the seller has not been “negligent” in any direct or premeditated way. Purchasers of a defective product, as well as injured guests, bystanders, or others with no direct relationship with the product, may also sue for any damages caused by the product.

In product liability lawsuits involving injuries caused by manufactured products, the concept of strict liability has had a major impact. In 1963, the California Supreme Court became the first court to adopt strict liability for defective products. Product liability lawsuits may be filed for two reasons: either a defect in a product’s design or manufacture, or improper product marketing (including failure to warn consumers of risks or to provide adequate instructions). Additionally, to win a product liability suit, a plaintiff must have been using a product as it was intended to be used. Damages may include compensation for medical expenses and lost wages; punitive damages, intended to punish a defendant’s irresponsible and injurious actions, are sometimes also awarded.

If you’ve been injured by a defective product, and you believe you have a possible product liability case, consult an experienced personal injury attorney as quickly as possible. Statutes of limitations will restrict the time you are allowed to file a lawsuit, so you’ll need to act immediately. In the San Diego area, if you or a family member has suffered a personal injury because of a defective product, please contact attorney Gary Sernaker to discuss your rights and options under California Law.