In many states including California, there are laws allowing citizens to sue manufacturers whose products have caused the claimant injury. Product recalls and warnings aside, it is challenging yet possible to determine the product manufacturer’s liability and receive compensation for damages in a personal injury case, but the process of this determination and resolution is complex and best left to legal professionals. If you or someone you know have been injured or harmed by faulty product and then immediately retain the services of a personal injury lawyer either after or simultaneous with receiving appropriate medical attention.

There are several legal instances where the manufacturer is considered to be at fault in an injury situation. Although a layperson may be able to identify which defect in the product caused their injury, there are several nuances to the law that are difficult to decipher. For accurate assessment of the product’s defects and of the amount of damages due to the injured party it is best to hire a specialist like an experienced personal injury lawyer.

There may be what is called a marketing defect, which is when the marketing of a potentially dangerous product or a product with a defect did not include sufficient warnings. Over-the-counter medications, harsh chemical cleansers as well as entertainment products like alcohol and cigarettes are all required by law to have accurate and the detailed warnings clearly marks on their label and containers. Manufacturers of any potentially dangerous product who fail to comply with this legal obligation may be held liable in a personal injury case.

There are also planned and unplanned defects in products. These can be used to hold the manufacturers responsible for injury. A planned defect is a problem in the design of the product. This means that all of the products manufactured under this design will be defective in the same way. Products with design defects are legally obligated to be recalled and replaced. An unplanned defect is a problem that occurs during the manufacturing process. In this case the design of the product is sound but somewhere along the way in the manufacturing process the construction is flawed. Manufacturer’s regulators are legally obligated to review a certain percentage of products to ensure that there are no manufacturing defects. Failure to comply with this obligation or to uphold it adequately can be grounds for negligence on the part of the manufacturer or factory.