Product Liability Lawyer Oakland
Products liability law in Oakland, is the area of law that requires manufacturers, designers and suppliers to be financially responsible for any injuries to consumers that were caused by hazards and defects in the products they make and market. The purpose behind product liability law is to make the parties responsible for placing defective products on the market accountable for the costs of injuries sustained by consumers due to defective products.
There are three theories on which a product liability Oakland action may be based:
- Breach of warranty
- Strict liability
The negligence theory will look at the reasonableness of a defendant’s conduct. All manufacturers are required to exercise reasonable care when designing, manufacturing, quality control and testing its products to ensure they are fit for consumer use and purchase. It is also the responsibility of manufacturers and sellers to exercise reasonable care in warning of any and all dangerous conditions. In the event that a consumer sustains injuries as a result of the negligence of a manufacturer or seller’s failure to exercise reasonable care in discharging any of the above responsibilities, they may be held liable under the negligence theory.
A product liability Oakland suit can also be based on breach of warranty. This is based on contract law and sales contracts have implied and express warranties. Should a warranty be breached in any way, the injured party may be able to recover damages as a result of the breach. There are often disclaimers included in sales contracts as well as on the fine print of labels and documents that are included with the product.
It can sometimes be difficult to prove negligence and warranties may often be excluded by any disclaimers. Strict products liability does not always necessitate showing that the manufacturer or seller was either negligent or breached warranty to recover damages for injuries caused by a defective product. California law does not always require proof of fault by the manufacturer, designer or seller. When seeking a strict liability claim, the plaintiff only need show that the product was indeed defective, that the defect existed before the manufacturer released the product and that the defect did indeed cause damages to the victim. There are three types of defects that an injured party may prove a product’s defect which include manufacturing defect, design defect and a “failure to warn” defect.
When considering a product liability Oakland case, you need to be aware of which type of lawsuit you wish to pursue. In order to achieve this successfully, it is highly advised to seek the services of an attorney or law firm who specializes in this particular field of law.