Doling out oodles of money in purchasing a product that happens to be faulty. Disappointed? Well, you’re not the only one and many have suffered unfathomable loss – financial and physical both. 

This next media story may actually make more sense to you then. 

A large number of Army veterans in California have come heavily on defective 3M Combat earplugs for potentially endangering their hearing capacity. The supposed product – dual-ended Combat Arms Earplugs, Version 2 (CAEv2) – protects ears from high-impact noises in the battlefield. 

Much to the shock of the makers, a designing glitch had been identified in the earplugs distributed to the U.S. military in Iraq and Afghanistan. And the result is that  faulty product could escalate the risk of unilateral or bilateral hearing loss. 

As per the DOJ press release,  the company has been found guilty of violating the False Claims Act ( known as the “Lincoln Law”), and hence has settled the claim with a whopping  $9.1 million in July 2018.

The Pentagon alleges that SM and its actual owner, Aearo Technologies, Inc. were in cognizance of the defect, but deliberately withheld the information from the military.  The U.S. government has set a precedent in front of countless other partnered companies with this lawsuit. Now, the suffering military personnel in California and other U.S. states have the option to file a claim to seek individual compensation. 

Have you experienced the perils of purchasing faulty products just like these innocent veterans? Or you’re one of the victims and pondering over litigation possibility this year? Then the Ernst Law Group can be of immense help and make the culprit company accountable for the damage caused. 

Herein, we provide a mini-guide to help you understand product liability claims in California:

Product Liability Claims Defined 

Having purchased a product that turns health liability than serving any purpose stands a good chance to file a lawsuit in California.  The state has strict rules for any individual or entity that designed, manufactured or sold a defective product that results in grave injuries.  

Herein, the presence or absence of negligence does not hold much weight. As a product liability claimant, you must prove the product is potentially harmful to direct and indirect users. 

In the absence of concrete evidence, your case can be easily dismissed in the court. Thus, gather documented evidence to win the trust of the jury and stand a fair chance to receive desired compensation. 

How To Ascertain if the Used Product is Defective?

Having spent oodles of money only to be left injured and in deep agony can be frustrating for any individual. Fortunately, consumers can have respite in product liability laws if any such unwarranted event has jolted them. 

Products such as consumer goods, medicines, packed food, vehicles, and many other goods are subjected to strict liability laws in California ( more on this later). 

Remember, there is no federal protection in such cases but state laws govern the direction in which product liability claims must go.  Even if the company was not negligent and it was just an accident, you’ll find California’s laws tightening their noose around the accountable parties – manufacturer, designer or even retailer. 

Let’s understand each one of the product defects that hold validation in California: 

Manufacturing Defect:

A product manufactured with a flaw though perfectly designed can put innocent lives in danger. Irrespective of the precautionary measures undertaken, a weak or flawed manufacturing process could endanger public safety. 

From as small as a local trader to behemoths like Tesla have suffered from legal claims that have raised concerns over the manufacturing defects (autopilot) in products.  Under California product liability laws, the plaintiffs have to prove the defects in the manufactured product that potentially resulted in serious injuries or death. 

Design Defect

Did you compromise on safety features to meet product specifications? Or mistakenly not considered the potential harm in design? cost-cutting measure or anything similar.  You simply can’t flout the fundamental rules of designing a product that is functional, and safe to use. 

Any violation of the same could hold you guilty under California’s laws. Your product liability claim must be supported by a legit proof that the product design not just fails to suffice the primary purpose but undermines the need of consumer safety. 

If you suspect poor design to be the reason you’ve suffered,  feel free to call the Ernst Law Group, 24 hours a day, 7 days a week and get a free consultation.

Warning Defect

Often a perfectly designed and manufactured product needs a set of practical instructions to prevent any life-threatening situations before using. It’s the utmost duty of the manufacturer to provide a clear warning to the consumers. This can be in the form of pasted or enclosed warning note.

The fact of the matter if to inform the consumers beforehand. The absence of the same could potentially lead to grave injuries among consumers while maligning the public reputation of the company. 

Strict Liability Rule In California 

This legal term has profound significance for people who have been injured due to someone else’s fault or negligence.  However, in the U.S., State laws assert their jurisdiction as to when a person or entity be held liable for any such claim. 

As far as California is concerned, the strict liability clause holds the accused party accountable for the action notwithstanding if safety measures were undertaken to avert any personal injury. Henceforth, in a product liability claim, the plaintiff need not prove the manufacturer, seller or retailer at fault, and instead just substantiate cause-effect relation between the victim and the product. 

Despite the liberal strict liability rule, we recommend professional consultation with a specialized product liability lawyer in California before filing the lawsuit. 

The Legal Clock Is Ticking 

Often, the best of the claims are rendered useless if the claimants delay filing the case. As per Statute of Limitations, any product liability claim forwarded after one year of the date of the injury does not hold any ground in the state’s courts. 

Thus having a professional attorney  by your side will help you navigate any such challenge in California’s laws while armoring up evidence to win the best possible compensation for your personal injuries.

Educate & empower yourself to know your fundamental rights and seek legal help if you’ve suffered from someone else’s wrongdoings in California.