Product Liability

Product Liability

Every year, thousands of consumers and patients are seriously injured from defective or dangerous products, medical devices and drugs.  Product liability is the name given to the branch of tort law that holds designers, manufacturers, and sellers liable for the harm suffered by buyers and users of defective products.  The law holds parties involved in the manufacture and distribution of unsafe products responsible for failing to ensure product safety for consumers.

Products liability lawsuits provide compensation for injuries sustained from the use of a defective product.  “Defects” include flaws in the way a product is designed, manufactured, or marketed.  When an injury occurs, consumers may be entitled to receive compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering and mental anguish.  Product liability cases are often complex and require an attorney with years of experience handling product defect cases.  If you or someone you know has suffered injury from a defective product, don’t hesitate to contact a San Diego product liability lawyer at the Law Offices of Robert Vaage.  Call us today at (619) 338-0505.

There are three major types of product liability claims:

  • Manufacturing defects – occur in the manufacturing process and when the product fails to comply with the manufacturer’s or the designer’s specifications for safety.  They usually involve poor quality materials (e.g., the Toyota recall of the defective acceleration mechanisms in the cars).


  • Design defects – occur where the product design is inherently dangerous or useless and defective no matter how carefully manufactured.  This defect is present from the beginning (e.g., drop-side cribs).


  • Marketing defects – defects that are flaws in the way a product is marketed; insufficient instructions for usage, improper product labels, or failure to warn about possible dangers of using the product (e.g., the Zicam nasal spray recall, where some users lost their sense of smell and taste subsequent to using the drug).

If you or someone you know have been injured by a defective product it is important to take the following steps:

  • Keep the product and any packaging, instructions, and labels.


  • Keep the proof of purchase of the product.


  • Obtain as much information as possible about the product, including manufacturer information, the model name, and the model number.


  • Immediately seek medical attention for your injuries

These items are important in proving your case.  Product liability lawsuits are often complex and expensive.  Our product liability attorneys have successfully represented plaintiffs in lawsuits against manufacturers and distributors of defective or unsafe consumer and medical products.  If you or a loved one was injured as a result of a defective or dangerous product, medical device or drug, contact an experienced product liability attorney at the Law Offices of Robert Vaage today for a free legal consultation.  Our attorneys work to ensure that you receive the best representation possible.

Under strict product liability law in California, a manufacturer, retailer or distributor is liable if a defect in the manufacture of design of its product caused injury while the product was being used in a reasonably foreseeable way.  It can extend to warning defects such as inadequate warnings or failure to warn.  The legislative intent of product liability law is to insure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves.

Products liability litigation can be very expensive.  Our experienced attorneys can help maximize the value of your defective products claim.  Contact our office today to speak with a San Diego product liability attorney for a free legal consultation.  We serve all of California and our office is conveniently located in San Diego.  Call today at (619) 338-0505.