How can I tell whether I have a case which falls under product liability law?

do i have a case?

The best thing to do is to contact an experienced product liability lawyer, who will determine whether you have a case or not. You can make a strict liability claim, without showing any carelessness on the part of the manufacturer or seller, if you can prove that the product did not perform as safely as an ordinary consumer would expect. Or that there was a failure to warn of the product’s dangerous propensities, which led to your injuries.

Said defect can occur either in the design of the product or in its manufacture. In addition, your injury must have resulted while the product was being used in a way that was either reasonably foreseeable or intended and was not substantially changed from the condition in which it was originally sold.

The claims most commonly associated with product liability are:

  • negligence,
  • strict liability,
  • breach of warranty,
  • various consumer protection claims.

Each type of product liability claim requires different elements to be proven to present a successful claim.

For quality legal representation, please contact our personal injury attorneys of Sacramento & Elk Grove-based John M. O'Brien & Associates by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.

DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).