In California law, products liability is defined as the accountability of all the responsible parties engaged in the production or manufacture of certain goods for any harm or damaged brought about by the said products. The parties that may be held liable include the producer of the component parts, the product assembler, the wholesaler and the product retailer. Usually, the products that contain any intrinsic defect or manufactured without following the accepted standards can be subjected in a product liability lawsuit if it has caused harm to the customer or end user. Generally, products liability covers tangible things such as food, appliances and equipment. However, this has extended to include the following:

Intangibles: gas
Naturals: animals, plants
Real estate: houses, buildings, dormitories
Writings : maps, navigational chart

Furthermore, the U.S. states have ratified various provisions to deal with products liability. Depending on the state where the cases happen, products liability actions are based on neglectful acts, strict liability or warranty violation. On the other hand, the Department of Commerce has developed a standard outline for products liability law, the Model Uniform Products Liability Act (MUPLA), which can be utilized by the states.

To have a good products liability claim, the injured victims must be able to prove the defects on the product. These include design defect, manufacturing or production defect and marketing defect. Defects that are inherent or present on the product even before it has been assembled are deemed design defects. For example, a chair design with thin leg to support the weight of a person can be risky to use. Meanwhile, manufacturing defects depends on the assembly or production of the goods; whether the workers follow the standard procedures or not. Finally, marketing defects imply the failure to indicate the hazards of the product or giving the customers incorrect instructions on how to use the item.

Normally, ‘strict liability rule’ applies in a products liability case. Here, the accountability of the defendant does not rely much on the level of safety or caution that he or she performs but rather on the product defect itself. Hence, if the product defect is indeed the reason for an individual’s affliction, the defendant should pay damages to the victim.

As we can see, the law regarding products liability has many intricate provisions and complicated rules. Thus, most of the injured victims appoint their respective product liability lawyer to guide and represent them in pursuing their cases. A notable and experience legal counsel is proven to be an asset in any legal undertaking. He or she can also assure the claimants of having increased chances of obtaining favorable verdicts and bigger amount of compensations.

By: Rainier Policarpio

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