One of the issues involved in product liability cases in California are design flaws. While many defects arise during manufacturing, mistakes may also take form during the design process. Therefore, anyone who designs products must take care to keep the consumer’s overall safety in mind. Any potential hazards should be resolved, or warnings should be posted, about any dangers for a product’s use. Otherwise, a designer or a company can be found negligent.
Did You Suffer an Injury Because of a Product’s Design?
If you feel you have received an injury because of a product’s design or were not given sufficient warning about the hazards of using an item, you need to set an appointment with a product liability law firm to discuss your case.
What a Product Designer Should Consider
A designer who creates products must make some significant decisions when it concerns consumer safety. Therefore, when a design is drawn up, the designer should ask the following questions:
- Will the design present any serious hazards to the user?
- Will the product’s design potentially cause injury, even if the item is used correctly?
- Does the product’s design cover the ordinary care established for a consumer’s safety?
The Use of Hazardous Materials
Use of hazardous materials, such as lead paint in children’s toys, is one of the most common design mistakes. Therefore, designers need to protect consumers when a product is designed, avoiding the use of hazardous materials or parts. The designer and corporation may be held liable if the product is allowed on the market without a clear warning of any possible issues.
A Failure to Warn Consumers
If a product has a dangerous element that is not readily apparent to consumers, it is the manufacturer’s responsibility to offer sufficient notice that there are potential and predictable hazards associated with a product’s use. There may be grounds for a lawsuit if this notice is not provided.
Express Warranty Claims
If a product fails to live up to the express warranty provided by the manufacturer, a case may be filed against the product’s maker. In most cases, a guarantee, such as an express warranty, indicates that a product is safe to use. Any unreasonable or harmful element then shows the warranty was breached.
Consulting with an Attorney
If you believe you have a product liability claim, don’t hesitate to visit an attorney who understands and regularly files these types of cases. You only have so much time to do so, as the statute of limitations runs out in California after 2 years. After that time, you cannot file for a settlement. If you don’t discover the injury right away, the statute ends after one year. So, time is of the essence when filing this type of case.