How Sellers and Manufacturers Might Try to Evade Responsibility for Defective Products

Across the U.S. an average of 4,500 devices and drugs are pulled from the market each year. Most people are fortunate enough to get a notification of the recall from the U.S. Food and Drug Administration (FDA). Those who don't are often presented with an unwelcoming surprise from property damage to physical injuries.

California state laws on product liability cases are strict. However, just because you've suffered damages as a consumer does not mean you are entitled to compensation from companies or manufacturers. In fact, it can feel like a lengthy legal battle trying to prove your case.

At Gutierrez Law, our team of product liability attorneys can provide legal advice and guidance to sue negligent defendants.

Types of Product Defect Injuries 

Accidents happen. Manufacturers are responsible for ensuring that their products are safe before they're on the market. When they don't, you're at an increased chance of suffering from the following injuries:

  • Head/brain damage (ex., an e-bike might have been assembled incorrectly. Faulty mechanics triggered the crash, causing a life-threatening head injury.)
  • Choking (ex. if you have a child, the last thing you want is for small parts to break off from their toys. It poses a choking hazard. If untreated, it could lead to permanent damage – even death.)
  • Fractures/broken bones (ex. perhaps you or a guest fell from a faulty stool or chair. Sprained ankles or a fractured arm are two common injuries that might occur as a result.)
  • Burns (ex. unstable or damaged appliances, like heaters, are more susceptible to starting a fire.)

What Kind of Liability Claims Determine If Defense Works?

An injury caused by defective products requires a specific classification. There are three categories a product liability claim can fall in: breach of warranty, strict liability, and negligence. Keep in mind that an accident claim rarely falls in all three.

As the consumer, you are using products at your own risk. California courts will investigate how you used it versus how it was intended to be used. To strengthen their defense, it's not uncommon for the defendants to use the following justifications.

The Product Design Is Not to Blame
Personal injury lawyers will pay close attention to your actions leading up to the accident. For instance, if someone shoved you while the product was in use, defendants can use this to prove your initial claim is faulty. One can argue the "defective" item was not putting you in harm's way.

All Parties Involved Share Responsibility
California is a comparative negligence state. If two parties share responsibility for an accident, they'll both be liable to pay for the damages. If you were at fault in any way for misusing the product or item, it could reduce the compensatory amount you were initially owed.

Consumers Are Aware of What Could Happen
Most manufacturers and companies rely on the "assumption of the risk" to counter a lawsuit. This is a legal term in which someone is prevented from recovering damages for "voluntarily" exposing themselves to a certain risk or danger.

There is no way to predict when you will get hurt by a defective product. The best thing you should do is reach out to our law offices to file an appropriate personal injury lawsuit within two years of the accident. Missing the deadline will result in your case getting turned down and thrown out.

About The Law Offices of Oscar H Gutierrez

Our law firm specializes in helping those who were injured due to an accident or someone else's negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That's why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you are compensated for your pain and suffering.

When you meet with one of our English-speaking and Spanish-speaking personal injury attorneys, you can tell them how your accident occurred and who might be responsible. Your attorneys will then launch an investigation into your accident and the events surrounding it to find who is responsible. If someone was negligent and their lack of care led to your injury, then they will build a case to make sure they pay your medical bills. You should contact our law firm if you were injured in a:

  • Car accident
  • Motorcycle accident
  • Bike accident
  • Rideshare accident
  • Pool accident
  • Dog attack
  • Workplace accident

We can also help you with product liability and premises liability suits. Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at