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Home
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Injuries
& Accidents >> Dangerous Products
Attorney
Representation in San Francisco, California since
1989
SAN
FRANCISCO INJURY ATTORNEY
Injuries from Dangerous or Defective Products
 Personal
injury can result from the use of dangerous or defective
products. "Products liability" law refers
to the rules governing a manufacturer or other provider's
liability for products that harm consumers and workers.
The laws in this area are based on the idea that
manufacturers, dealers, and other commercial interests
are best-placed to prevent harm from defective or
dangerous products. Companies that allow dangerous
items into the marketplace can be held accountable
for resulting injuries. An experienced and knowledgeable
personal injury lawyer can advise injured persons
on whether they may have a claim against a product
manufacturer or seller and can help them recover
the damages to which they are legally entitled.
Types
of Product Defects
The
plaintiff in a product liability case must prove
that the product that caused injury was defective,
and that the defect made the product unreasonably
dangerous. There are three types of defects that
might cause injury and give rise to manufacturer
or supplier liability: design defects, manufacturing
defects, and marketing defects. Design defects are
present in a product from the beginning, even before
it is manufactured, in that something in the design
of the product is inherently unsafe. Manufacturing
defects are those that occur in the course of a
product's manufacture or assembly. Finally, marketing
defects are flaws in the way a product is marketed,
such as improper labeling, insufficient instructions,
or inadequate safety warnings.
Design
Defects
A
design defect is some flaw in the intentional design
of a product that makes it unreasonably dangerous.
Thus, a design defect exists in a product from its
inception. For example, a chair that is designed
with only three legs might be considered defectively
designed because it tips over too easily. Design
defect claims often require a showing of negligence;
however, strict liability may be imposed for an
unreasonably dangerous design if the plaintiff can
show that there was a cost-effective alternative
design that would have prevented the risk of injury.
Drug
Liability
Many
prescription drugs have turned out to have harmful
effects, which have led to liability under design
defect theories. The most common are:
- Accutane
- Baycol
- Bextra
- Celebrex
- Ephedra
- Meridia
- Prempro
- Serzone
- Silicosis
& Silica
- Vioxx
- Welding
Rods
- Manufacturing
Defects
A
product has a manufacturing defect when the product
does not conform to the designer's or manufacturer's
own specifications. Manufacturing defect cases are
often the easiest to prove, because the manufacturer's
own design or marketing standards can be used to
show that the product was defective
Marketing
Defects
Marketing
defects include improper labeling of products, insufficient
instructions, or the failure to warn consumers of
a product's hidden dangers. A negligent or intentional
misrepresentation regarding a product may also give
rise to a product liability claim.
Steps
You Can Take Now
- Write
down as much as you can about how you obtained
the product, who you obtained it from, what you
were told about it, and what went wrong.
- GET
A SAN FRANCISCO INJURY ATTORNEY! You
need all the help you can get, and you need it
as soon as possible. If you do not assert your
rights within the time set by law, you will lose
your ability to assert them at all.
Practice
Areas:
Criminal
law: including San
Francisco criminal attorney representation
for Drunk
Driving, DUI, DWI,
White Collar Crimes, Drug
Crimes, Computer
Crime, Identity
Theft, Violent
Crimes, Weapons Charges
Injuries
& Accidents: including San
Francisco attorney representation for Cars,
Trucks & Bike accidents, Wrongful
Death, Assault
& Battery, Premises
Liability, Animal
Attacks, Medical
Malpractice, Dangerous Products
Civil
Rights:
including attorney representation for
Constitutional Law, Police
Misconduct, Discrimination
Litigation
Defense: including San Francisco
attorney representation for Insurance
Defense,
Personal Injury, Premises
Liability, and Medical
Malpractice
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