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Negligence theories that apply in product liability cases

All you have to do is look at the sticker or tags on an item you buy. If you do this, then you'll quickly realize that California has some of the strictest product warning labeling requirements of all states in the country. This information is supposed to provide consumers with as many details as possible to make informed decisions about the products that they're buying. These warnings, unfortunately, don't keep consumers completely safe. There are two primary standards on which individuals can file product liability claims.

One of those standards is the strict liability one. That theory states that it's the manufacturer, not the consumer, who is wholly liable for any defects that are noted as part of the manufacturing process. This standard emphasizes that the level of care that the manufacturer offers is irrelevant. It's only necessary for the plaintiff to show that they were injured by a dangerous product due to its manufacturing flaws for them to be able to successfully sue the manufacturer.

The other standard that applies to product liability claims is negligence. This theory forwards the idea that a plaintiff is liable to recover damages from the retailer, manufacturer or both. A consumer must be able to show that the manufacturer breached their duty to them and that their oversight resulted in them getting hurt. If the plaintiff can prove both of these elements and that they suffered some actual damages from what happened, then they may be eligible to file a product liability lawsuit.

There are other grounds on which individuals who've been hurt by products may be eligible to file suit against manufacturers or retailers. The tortuous misrepresentation and warranty rights theories may apply in such cases.

Sorting out liability in injury cases isn't easy for just anyone to do. It's key if you want to file suit against the manufacturer, retailer or advertiser who made or sold the defective item to you though. An attorney can help you hone in on the most applicable theory that applies in your Redwood City case so that you can file suit.

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