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Products Liability


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Frequently Asked Questions about Products Liability

Q: Who is responsible when a product causes an injury?

A: Manufacturers, wholesalers and sellers may all be responsible when a product injures someone. If the product is defective or it presents an unreasonable danger, and the defect or danger causes the injury, the injured party may have a case. The defendants can be found liable under theories of negligence, strict liability or breach of warranty.

Q: What kind of compensation or damages can be awarded in products liability cases?

A: Depending on the strength and the facts of the case, the plaintiff may recover compensation for medical bills, lost wages and pain and suffering. Punitive damages may be available if the defendant acted in a malicious or grossly negligent manner. The level of the award and its application depends on the state in which the litigation takes place.

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In most states today, an injured person does not have to be the purchaser of the product in order to recover from the manufacturer or seller of the product under a product liability theory.


At Abramson Smith Waldsmith, LLP, our San Francisco personal injury lawyers believe an informed client is our best client. Therefore, we try to provide you with all the information you need to make an informed decision. In an effort to further that goal, we are providing you with the information below to better educate you about defective product law. If you have any questions about the information below, or have questions about a defective product — such as a defective air bag, dangerous drug, defective plane part, or defective defibrillator — or products liability law, we invite you to contact one of our California defective product lawyers. Discover how we earned our reputation for excellence and track record of success.

At Abramson Smith Waldsmith, LLP, our San Francisco personal injury lawyers care about you, your family, and your ability to earn a living. If you have suffered a serious injury, such as a spinal cord injury, or have lost a loved one as a result of a defective product, such as a defective air bag, then you should hire an experienced personal injury lawyer who is familiar with products liability law and has experience with defective product cases handling your claim.

We have the experience, background, knowledge, and skill to provide you with the quality representation you deserve. Contact one of our experienced California defective product lawyers. We offer free initial consultation and case evaluation, and we work on a contingent fee basis (you don’t pay attorney’s fees unless you win). We will work hard for you.

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Products Liability - An Overview

Defective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail; when a product's defect becomes apparent, it can take the user by surprise.

Luckily, products liability is a well-established area of the law. If you have been injured, consult with an experienced products liability attorney to discuss your options.

The federal government regulates some aspects of consumer product safety, but the laws affecting products liability litigation exist at the state level. Although the intricacies of these laws vary from state to state, the states share some overarching principles.

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What Is Products Liability?

When a person uses a product in a reasonable manner and that product causes injury, the manufacturer, wholesaler or seller may be liable. Think of a hairdryer that emits a dangerous shock or a child's toy that contains small, sharp pieces: consumers should be able to use these products as they are intended to be used without worrying about being hurt. If you or a loved one has been injured by a product, consult with an experienced attorney to discuss your options.

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Defective Products

Defective products can cause serious injury and even death. Defects can be traced to three main stages: when the product is designed, when the product is manufactured and when the consumer should receive instructions or warnings. If a product harmed you or a loved one, contact a products liability attorney to discuss your case.

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Types of Products Liability Cases

Because we interact with so many different products in this country, injuries can have many different sources. Products that cause injury and even wrongful death range from cars and trucks to toys and children's furniture. If you or a loved one has been seriously injured by a product, contact a products liability attorney for guidance on how to proceed.

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Special Considerations in Products Liability Cases

If you or a loved one has been injured by a defective product, the first thing to do is seek proper medical care. After that, you may wish to take legal action. Products liability cases can be complex, so it is important to seek the help of an experienced attorney. An attorney can help you sort out the details and secure the witnesses you need.

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