Your Place In The Chain Of Commerce
As a business owner or operator, you may believe that you have no need for a product defect defense attorney. However, California law allows plaintiffs to sue defendants all along the supply chain in a product defect case. Regardless of where you are on that chain, you need to be aware of your legal vulnerabilities.
At The Law Office of Katherine R. Moore, our lawyers have handled many products liability defense cases and understand how businesses can be impacted by such a lawsuit. Our firm will review your position in this type of case and provide a frank assessment of your options, which could include participating in a settlement or defending your position at a civil trial.
Product Defect Law: The Basics
There are a number of important aspects of California product defect law of which businesses should be aware of.
- The law recognizes three primary categories of product defects: defects of manufacture, defects of design and defects of warning (i.e., providing adequate instructions on safe use of the product).
- A plaintiff does not have to be the purchaser of the product to have standing to file a suit. If they can prove that they experienced injury from the use of your product, that can be sufficient.
- Plaintiffs are frequently encouraged to sue up and down the “chain of commerce” that created and sold the defective product, including manufacturers, retailers, wholesalers and anyone who may have repaired or modified the product.
Additionally, because product defect cases are considered “strict liability” cases in California, fault does not have to be established as part of the lawsuit, just harm to the plaintiff filing the suit.
What Is ‘Joint And Several’ Liability?
Another aspect of product defect law to be aware of is the concept of joint and several liability. If you are among several defendants named in a lawsuit, each of you is considered both individually and jointly responsible for paying the total amount of economic damages assessed. However, defendants are only responsible for their individual share of noneconomic damages awarded.
Contact Us For Experienced Product Defect Defense Representation
Our firm focuses on providing optimal results for our corporate defense clients. We are located in Redwood City, but work with businesses across the Bay Area. Call us at 650-399-0752, or use our online contact form to set up an appointment.