CCPA Influences New Era of Product Liability

Sep 18,2019

***This article was first published on October 16th, 2018. Certain details have been updated to reflect new statistics and information.

Following the successful passage of the California Consumer Privacy Act, businesses who deal in products which involve the collection or distribution of personal are now taking a hard look at the extent to which these new liability obligations apply to their own business operations. Particularly in situations where the improper use or alteration of consumer data could result in serious physical consequences, such as with medical data, it is becoming increasingly imperative to ensure that these types of products are as harmless to consumers as those which already find their way onto shelves across the country.

Historically, there have been three primary forms of product liability.

Three Types of Product Liability Cases:

Design Defects

Design defects are flaws inherent to the actual design of the product that render the product defective. California law imposes strict liability for defective design, which means the plaintiff does not need to prove the defendant was negligent. Liability can be assigned to the company that designed the product if there was a foreseeable risk posed by the product when used for its intended purpose. An example of this might be a hip replacement device that is inherently defective because of its metal-on-metal design, which has proven to be dangerous for patients.

Manufacturing Defects

Manufacturing defects occur when a product is made defective during production. The design of the product may be sound, but at some point during the manufacturing process, it ended up defective. Strict liability also applies to manufacturing defect claims.

Marketing Defects

Lastly, a product can be deemed defective if the manufacturer fails to provide the user with adequate information on safely using the product. An example of this might be a dietary supplement that does not have the proper dosage provided on the label. If the lack of information on the label leads to people getting sick from ingesting too much of the supplement, this could be considered a marketing defect. If the seller misstates the product’s benefits entirely, this is also a marketing defect.

In order to prove a product liability case, the plaintiff needs to prove that the product was defective. The plaintiff must show evidence that the defect was the result of faulty design, manufacturing, or marketing. They must also prove they suffered an injury, and that the defective product caused the injury.

Statute of Limitations for Product Liability

There is a two year statute of limitations on product liability cases in California. Thus, it is important to act quickly if you have been injured by a defective product. Contact an experienced personal injury attorney for a consultation on your case as soon as possible.

Take a look at these related articles:

Can You Sue for Injuries Related to a Defective Car Seat?

Is Amazon Liable for Defective Products?

Palm Springs Attorneys and Personal Injury Law

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured by a defective product and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.