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A product recall is the process of retrieving and replacing defective goods. The company or manufacturer absorbs the cost of replacing and fixing defective products, or of reimbursing affected consumers.
Under California law, manufacturers, designers, and retailers are strictly liable for injuries that are caused to plaintiffs when they use defective products in a reasonably foreseeable way.The product's defect was the direct or proximate cause of the plaintiff's injury.
Yes, in many cases a retailer can, indeed, be held liable for a defective product at least if an injury or a death resulted.
Though there are numerous instances in which a defective product could injure a person, defects that give rise to supplier, seller, or manufacturer liability are categorized by three types of product defects: design defects, manufacturing defects, and marketing defects.
If a product with manufacturing defects causes injury to the intended user, then the manufacturer can be held liable. Manufacturing defect claims can be difficult to prove in court because they usually involve a limited number of products, unlike design or warning defects.
In the realm of personal injury law, the fault concept of "strict liability" says that a defendant seller, distributor or manufacturer of a defective product can be liable to anyone injured by that product, regardless of whether the defendant did everything possible to make sure the defect never happened.
A defective product can be defined as any product that is unreasonably dangerous when being used for its intended purpose, without any alterations or interference.Some of the most common examples of defective products include food items, medical devices, and children's toys.
Stop Using the Product Immediately. The moment you realize a product is defective, stop using it. Check Your Receipts. Return Rejected Goods. Contact an Attorney.