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Injury Law - Product Liability

Sacramento Product Liability Injury Attorney, Product Liability Lawyer Northern California

The law of product liability is the area of law that deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from dangerous and defective products. Products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, and tobacco, even commercial jets. At common law, the sale of a product was viewed as a commercial transaction and which only the parties of the commercial contract could sue. The law has evolved, and today, virtually anyone injured by a “defective” product (product which is unreasonably dangerous for its intended use) can bring an action for damages against any party in the distributive chain of the product, whether it be the manufacturer, the wholesaler, the retailer, or even the maker of a component part.

Over time, several other negligence concepts have arisen to deal with certain specific situations, including negligence per se (using a manufacturer's violation of a law or regulation in place of proof of a duty and a breach) and res ipsa loquitur (an inference of negligence under certain conditions). The difficulties of an injured customer to prove what a manufacturer did or did not do during the design or manufacture of a product has led to the development of newer product liability claims such as strict liability.

Strict liability has become the overwhelming majority rule in the United States, due to the widespread agreement that it is the only way to ensure that such parties will always take all reasonable measures to protect the consumer because they know they will always be liable for any harm caused by the product.

It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right defective product lawyer is an important decision. You should choose someone who is experienced, aggressive, and dedicated to obtaining fair compensation for your defective product injuries. Contact Robert N. Kitay for free consultation.



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