As we have mentioned on this blog,
San Diego product liability lawsuits hold designers, manufacturers, and sellers liable for the harm suffered
by buyers and users of
defective products. Therefore, it important to understand how to determine if a product
or medical device is “defective” in the eyes of the law.
In general, “defects” include flaws in the way a product is
designed, manufactured, or marketed. Specifically:
Manufacturing defects – occur in the manufacturing process and when the product fails
to comply with the manufacturer’s or the designer’s specifications
for safety. They usually involve poor quality materials (e.g., the Toyota
recall of the defective acceleration mechanisms in the cars).
Design defects – occur where the product design is inherently dangerous and defective
no matter how carefully manufactured. This defect is present from the
beginning (e.g., drop-side cribs).
Marketing defects – defects that are flaws in the way a product is marketed; insufficient
instructions for usage, improper product labels, or failure to warn about
possible dangers of using the product (e.g., the Zicam nasal spray recall,
where some users lost their sense of smell and taste subsequent to using
While these definitions may seem straightforward, product liability cases
are often complex and require an attorney with years of experience handling
product defect cases. Our product liability attorneys have successfully
represented plaintiffs in lawsuits against manufacturers and distributors
of defective or unsafe consumer and medical products.
If you or someone you love has been seriously injured by a dangerous or
defective product, don’t hesitate to
contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.