Can You Sue a Company For a Bad Product?

When companies create products, ideally they would undergo rigorous testing to ensure that the items are safe for everyday use. Unfortunately, that is not always the case and people can get hurt using these things in a routine way. The results can be severe or even fatal in some cases.

This would be a good time to talk to a product liability lawyer to see whether there is a case.

What Falls Under Product Liability Law?

In California, the person who was injured does not have to prove that there was negligence when it comes to the defective product. They just have to prove that the product caused them harm when they used it as it should regularly be used.

The manufacturers of many of these types of products can be sued for bad products: cars, chairs. industrial machinery, toys, refrigerators… and yes, even perfume. Clothing, household appliances and furnishings, those are also on the list.

Are There Exceptions?

Yes, there are some companies that cannot be sued for defective products. They sell “inherently unsafe” products that cannot be made to be 100% safe from people who buy it. Prescription drugs are ones that usually fall under this umbrella – it’s why there is a long list of potential side effects in their advertisements.

Certain foods, like alcohol, castor oil, sugar, and butter also are included in the “inherently unsafe” group. Firearms and ammunition can also be exempt from product liability.

What Does The Plaintiff Need To Prove?

They have to show that the defect was the reason for the injury when using the product. If they could have gotten hurt under regular circumstances with a non-defective item, then the ruling is probably not going to go their way. It’s important to show that they read the warning label, otherwise the defense could claim that they misused it.

How Much Does It Cost?

This can be a sticking point for many, since the court costs can reach hundreds of thousands of dollars. It might be best to pursue cases that resulted in severe injury or death from a defective item.

Is There a Statute of Limitations?

Yes – plaintiffs have two years to file a case from when they were injured by the supposedly defective product.

This is a largely simplified explanation that does not cover everything – there are resources that go more in-depth. If you are unsure, then you should consult an attorney to see where you stand.