The Law Offices of Louis Gabbara's Approach to Product Liability Claims
In our modern world, we heavily rely on products made by others to fulfill our daily needs. We expect these products, from our food and cars to our children’s toys, to be safe for use. However, every year thousands of unsafe products are recalled. If you have suffered injuries due to a dangerous or defective product, you may be entitled to compensation through a product liability claim.
At The Law Offices of Louis Gabbara, our experienced attorneys can assist you with your product liability case. We understand that it can be daunting to face a large manufacturing company alone, and it may seem like there is no hope for you to receive the compensation you deserve. Nevertheless, those who act negligently should be held accountable for their actions. If you or a loved one has been injured by a defective product, contact our firm today at 760-294-0808 to discuss your case.
What is Product Liability?
Product liability refers to the legal responsibility that manufacturers or sellers bear for producing or selling a defective product. Under the law, all sellers in the distribution chain are liable. Generally, products are expected to meet the ordinary expectations of consumers, and those with unexpected, dangerous defects do not meet these expectations.
Product liability claims may be based on various legal theories such as strict liability, negligence, or breach of warranty. Under strict liability, a defendant is liable for an action regardless of their intent, which means that the defendant is liable if the product is proven defective. In negligence-based product liability claims, the plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused the injury as a result. To win a product liability claim based on a breach of warranty, the plaintiff must show that the product was under an express or implied warranty, and the defendant did not meet the terms of the warranty. The Law Offices of Louis Gabbara understands the product liability laws in California that help protect consumers. Liability must be clear, and the product manufacturer must be at least partially at fault for the injuries for a plaintiff to recover damages. The statute of limitations for product liability claims in California is two years after the accident, and the state applies comparative negligence, meaning that if the plaintiff is partially at fault, their damages will be reduced.
Product liability cases fall into three main categories: failure to warn, design defects, and manufacturing defects. A product that is defectively made or designed can result in severe injuries or illness, leading to medical bills, lost wages, and pain and suffering for the victim. It is important to consult with an attorney to evaluate whether a product liability case exists.