Product Liability Lawyers in Oxnard

What is Considered a Defective Product?

Product manufacturers have a duty to place products on the market that are safe for their intended purpose and any reasonably foreseeable use. When they fail in that duty and release products that injure the consumer, the Oxnard product liability attorneys at Crane Flores, LLP can pursue a product liability claim that holds the manufacturers accountable for their actions and compensates the injured for their damages.

How Can a Product Be “Defective?”

Product defects usually fall into one of three categories:

• Design defects
• Manufacturing defects
• Failure to warn

When a product is defectively designed, every unit manufactured may fail at a critical moment and cause personal injury. A motor vehicle may be designed so that it rolls over in a sharp turn or explodes upon impact because the electrical wiring was placed too close to the fuel line. Other products may be lacking in safety features, such as automatic shut-offs or safety guards on power tools or household appliances. Sometimes design flaws are known, but the product maker decides not to change the design out of a desire to maximize profit, even when the change may only be a few dollars or pennies per unit.

In a manufacturing defect, a problem on the assembly line may cause a whole series of units to be defectively made, or only one product may be affected. In any event, products liability law holds the manufacturer liable for the injuries caused by a defective product, regardless of whether the maker is generally careful and the defect was a one-time occurrence.

A product can also be defective if it does not contain clear and conspicuous warnings about its safe use and the dangers involved. Some products are inherently dangerous and must be used with care, such as power tools or cleaners and solvents that can burn or emit toxic fumes. Product instructions should be included, and they should be adequate and easy to understand.

Product Liability Law Protects All Consumers - Not Just Original Owners

Many people assume that they must have been the one who purchased a defective product in order to have a valid product liability claim. The truth is that anyone who is injured by a dangerous product may have a valid claim for compensation. For example, if you were injured in a crash caused by a defective auto part while riding as a passenger in someone else's car, you likely have as much of a right as the owner of the vehicle to pursue a product liability claim against the manufacturer. Manufacturers owe a duty of care to ensure the safety of any party which may use their products, regardless of whether or not they were the initial purchaser. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.

Who Is Responsible for Your Injuries?

Depending on the circumstances, liability for a defective product can rest with multiple parties, including:

• The manufacturer of the product
• The manufacturer of the product's component parts
• A party that assembles or installs a product
• A Wholesaler
• A retailer who sold the product

Any business or individual in the "stream of commerce" may be a defendant in a product liability case. In other words, any person or entity that is involved in the creation, sale, or distribution of a dangerous product can be named in your case. Identifying the right defendants can be crucial to the ultimate success of your case, therefore it is important to work closely with a skilled Oxnard product liability lawyer who can ensure the proper parties are held accountable.

Pharmaceutical Products Liability

The newest drugs are often the most profitable, and drug companies heavily promote their use in their attempt to corner the market and make the most of their patent. It is not unheard of for drug companies to rush a new drug through clinical trials or even manipulate the data from a study in order to be the first to market. In addition to massive advertising, drug companies also market directly to doctors, often promoting off-label uses of the drug or higher dosages than were approved as safe and effective by the Food and Drug Administration (FDA).

Pharmaceuticals have been linked to side effects ranging from severe pain and depression to spontaneous tendon ruptures, heart valve failure, pulmonary embolism, stroke, and death. We can help if you have been injured by a defective medical device, such as a DePuy hip replacement or a toxic drug such as Fosamax, which has been linked to bone death (osteonecrosis) in the jaw or Reglan, an acid reflux medicine that reportedly can induce tardive dyskinesia, a disorder causing involuntary body movements. At Crane Flores, LLP, we are not afraid to take on big business and big pharmaceutical companies. When corporate America puts profits ahead of people, our Oxnard product liability lawyers stand with the people.