A product can be defective if or when the product fails to perform as
safely as an ordinary consumer or user of that product would expect. A
manufacturer, distributor, or retailer is liable in tort if a defect in
the manufacture or design of its product causes injury while the
product is being used in a reasonably foreseeable way.
A
product can also be defective if the use of the product in a manner
that is reasonably foreseeable by the defendant involves a substantial
danger that would not be readily recognized by the ordinary user of the
product and the manufacturer fails to give adequate warning of such
danger. A manufacturer has a duty to warn of the potential danger or
side effects which are known or which should be known to the
manufacturer, and which may result from the ordinary use of that
product.
A manufacturer who fails to exercise reasonable care
in the design, manufacture, and testing of a product which can result
in the unreasonable risk of causing physical harm to those who use it
for a purpose for which the manufacturer should expect it to be used
and to those whom he should expect to be endangered by its probable
use, can be subject to liability for any physical harm caused by that
product.
A seller or supplier of a product can also be
subject to liability for the physical harm caused by those products if
the supplier knows or has reason to know that those products are
dangerous or likely to be dangerous and does not warn of that danger.
A seller who puts out his own product manufactured by another has the
same duties or responsibilities as that of the actual manufacturer of
that product.
Law Offices of Michael Sabongui 1851 E. First Street, Suite 900, Santa Ana, CA 92705 Tel:(714) 335-0010; Fax:(760) 994-1373 Email: info@sabongui-law.com
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related to legal issues that are commonly encountered. There are no guarantees of results or outcomes, and you should consult an attorney for individual
advice regarding your own situation.
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