Products liability is an area of law that falls under the umbrella of personal injury. It relates to harm caused by dangerous and/or defective consumer products. The Modesto products liability lawyers at AutoAccident.com have extensive experience representing individuals for injuries sustained due to the use of dangerous products sold by negligent manufacturers.

Americans are fortunate to have access to mostly safe and effective products that keep us healthy and make our lives easier. Because we have consumer advocates and government agencies tasked with regulations and oversight, we can place much trust in the products we purchase. We often do not even consider that something we are buying could be hazardous.

We have come to subconsciously rely on product testing, proper design, and standardized manufacturing procedures and believe that these systems will keep consumer products safe. More often than not, they do. Sometimes, however, one or more of those safeguards fail because of negligence, resulting in a dangerous product on the market that can cause injuries and sometimes deaths. When the unthinkable happens, those that suffered harm may be entitled to money to compensate for their losses.

Even though we have many systems to keep consumer products in the American marketplace safe, public exposure to unsafe and/or defective products is still regular. This could be the result of undetected design flaws or manufacturer defects. California’s laws provide remedies to consumers if they are harmed by a defective and/or dangerous product.

A vital piece of the puzzle that will be investigated by an experienced products liability attorney in Modesto is at what point in the manufacturing process did the negligence occur. The results of such an investigation will determine which entity will be held liable for the injured person’s damages. Often in a products liability matter, there are several defendants, some of whom may include:

• Assembly manufacturers
• Part manufacturers
• Retail outlets
• Distributors
• Wholesalers
• Designers

A product manufacturer may be liable for harm by failing to warn consumers of the potential health hazards that may arise with using its product. Manufacturers must include explicit warnings of identified dangers within the paperwork included with the product or directly on its label. If dangerous or defective product results in injury or a medical condition to a user, one or more of the types of legal responsibility listed below could be alleged in a lawsuit:

• Manufacturing Defect
• Defect in Design
• Failure to Warn

A design flaw or manufacturing defect could render nearly any product dangerous, but some are more likely to present a hazard due to their nature and intended use. Several of the most common types of products that spark products liability lawsuits include:

• Medical Devices, such as Allergan Breast Implants, Paragard IUD or transvaginal mesh
• Medicine – either over-the-counter or prescription. Some recent examples include Metformin, Elmiron, and Zantac. Medications may have unreported side effects, come with incomplete or incorrect instructions, have a manufacturing defect, or be sold without required warning labels.
• Machinery and Tools
• Pesticides – Dicamba and Round-Up are two examples
• Other Chemicals
• Consumables/food items
• Tobacco
• Firearms
• Automobile accessories, including seatbelts, airbags, car and booster seats, and tires
• Entire motor vehicles, including motorcycles, trucks, ATVs, and other recreational vehicles
• Toys – may present a choking danger or contain lead paint
• Furniture designed for children that have entrapment, crush, or asphyxiation risks
• Appliances
• Clothing that may be flammable or present a choking hazard
• Jack stands (Harbor Freight recently issued a recall on several models)
• Electric heaters
• Industrial equipment, including forklifts, cranes, and scaffolding
• Ladders and step stools

In some cases, the dangers associated with a product become so clear that the product is removed from the market. Some products that have recently been recalled include:

• Takata airbags (recalled by manufacturer)
• Zantac (recalled by FDA)
• Metformin (several manufacturers recalled voluntarily)
• Allergan breast implants (recalled by FDA)

Here is a YouTube video from the Associated Press discussing the Zantac recall.

Injuries caused by dangerous products are often overlooked. It may not be immediately apparent that the injury or medical condition was caused by using a defective or dangerous product, primarily when the harm resulted from taking medication. In other instances, the injured party may feel that going after an ample corporation wastes time. Negligent companies must be held responsible for the damage they cause when they put a dangerous product on the American marketplace.

Every year, consumers sustain injuries, some of them fatal, because they trusted the systems and used a product they did not know was dangerous. Below is a list of some common injuries that can result from dangerous or faulty product use:

• Head injuries from falls
• Suffocation
• Fractures/broken bones
• Lacerations
• Burns
• Poisoning
• Diagnosis of cancer from using a dangerous medication
• Disfigurement
• Electric shock injuries
• Paralysis
• Death

Our attorneys are available anytime to meet with you to review your potential product liability case details at our Modesto office.

1015 12th Street, STE 7
Modesto, CA 95354

The attorneys at AutoAccident.com are skilled and have extensive experience in litigation against dangerous product manufacturers. Whether through settlement or jury trial, we have had great success concluding many significant product liability cases and have obtained financial recoveries for California residents who have suffered because they trusted the use of a medical device, drug product, automobile or auto part, or other dangerous consumer product.

Some of our case results are listed on our Verdicts and Settlements page.

^{Editor’s Note: updated [cha 8.21.23] Image by Engin Akyurt from Pixabay mm [cs 1074] cha}