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Browse this site to find information about an attorney in California. If you were searching for an attorney you have come to the right place. Here are some of the different types of terms that your attorney may find your case to fall under. Product liability law, also called products liability, governs the liability of manufacturers, wholesalers, distributors, vendors for damages caused by dangerous or defective products. Marketing Defects: A marketing defect involves such issues as inadequate warning labels or instructions. For example, prevent a user from recognizing a defect in the product, or from being aware of how to safely use or apply the product. Design Defects: Liability arises from a mistake or oversight in the design of a product. Manufacturing Defects: Liability arises from a defect that results from the manufacturing process. Negligence: In a negligence action, the plaintiff must typically demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses, would have detected the defect with the exercise of reasonable care in the design, manufacture, or inspection process, failed to meet its obligations, and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use of the product. Strict Liability: Under a strict liability standard, once the plaintiff establishes that a product is defective, liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale. Breach of Warranty: A warranty is essentially
a contract of fitness between a manufacturer or vendor and its
customer. Under a breach of express warranty theory, the plaintiff
alleges the violation of the actual written warranty associated with
a product. Under a breach of implied warranty theory, the plaintiff
alleges that although there is no express warranty or the defect
alleged is not covered by the express warranty, a defect in the
goods render them unfit for the purpose intended.
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