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If you or a loved one has been injured by a defective product you may be able to sue under what is known as product liability law. 

California has a well developed body of law to deal with what is known as defective products. 

EXAMPLE OF A DEFECTIVE PRODUCT?

An example could be as simple

as you bought a bike from the local bike shop.  When you drove the bike home the front fork broke and you fell causing injuries to you.  

WHAT IS  A PRODUCT?

A product could be anything from bottled water food all the way to cars motorcyles, motorhomes, a bicycle is a product under the law so in the above example would be subject to product liability law. 

WHEN IS A PRODUCTE DEFECTIVE?

 A product is not defective just because someone is injured while using it.  In fact if you misuse the product then that will be a defense against the injuries you sustained.  For example doing jumps on the road bike could be an example of misuising the bike and could make you liable or offset the damages. 

what are the types of defects? 

A product could be defective based upon a 1. A design defect 2. a manufacturing defect 3. a failure to warn or in some instances all three.

a well manufactured product could still be defective because of the design of the product poses an unreasonable risk under a risk benefit analyis. 

This type of defect may occur if there is an engineering flaw which causes failure bases upon stress loads a failure to incorporate a safety device or some other defect which makes the product unreasonably dangerous.  

If you have bought a defective product and are injured then everyone in the chain of command could be liable for the damages.  So it is best to get the product to an Attorney so they could assess your rights as soon as possible. 

If you have any questions do not hesitate to give us a call and we can help you through this.  

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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