Product Defects & Warranties

Safeguarding Your Construction Projects

In construction, product defects can derail even the best-laid plans. Product liability refers to the legal responsibility of manufacturers, distributors, installers, and sellers for losses caused by defective products. These cases often involve intricate questions of design flaws, manufacturing errors, and compliance with safety standards.

At H&N, we specialize in investigating and litigating product liability claims. Collaborating with experts in product design, engineering, and safety regulations, we build strong, compelling cases. Our proactive approach focuses on expediting resolutions by:

Tracing the Chain of Responsibility: Identifying where accountability lies across all parties involved.
Analyzing Express and Implied Warranties: Ensuring full enforcement of contractual and legal protections.
Maximizing Insurance Coverage: Reducing your financial exposure by leveraging available policies.

With swift, strategic action, we help safeguard your project and minimize disruptions, keeping your build on track.

Strict Liability in California Product Liability Law

Under California law, strict liability holds manufacturers, distributors, and sellers responsible for defective products, regardless of whether they acted negligently. This legal doctrine is designed to protect consumers and encourage businesses to prioritize product safety.

To establish strict liability, a plaintiff must prove three key elements:

1. Defect in the Product: The product must have a defect that makes it unreasonably dangerous. California recognizes three types of defects:

Manufacturing Defect: The product deviates from its intended design, creating a hazard.
Design Defect: The product’s design is inherently flawed, making it unsafe even when properly manufactured.
Failure to Warn: The product lacks adequate warnings or instructions about potential risks.

2. Causation: The defect must have directly caused the plaintiff’s injury. The plaintiff must show the product was used in a reasonably foreseeable manner and that the defect led to harm.

3. Injury or Damage: The plaintiff must demonstrate an actual injury or property damage resulting from the defective product.

Key Points:

No Need to Prove Fault: Unlike negligence claims, strict liability does not require proving that the manufacturer or seller was careless.
Who Can Be Held Liable: Liability extends to manufacturers, distributors, retailers, and any party in the product’s supply chain.
Defenses: Common defenses include product misuse, alteration after sale, or assumption of risk by the plaintiff.
California employs two tests to assess whether a product’s design is defective:
- Consumer Expectation Test: A product is defective if it fails to perform as a reasonable consumer would expect.
- Risk-Benefit Test: A product’s design is defective if its risks outweigh its benefits, as determined by weighing factors such as feasibility and safety.

Power Your Build with H&N

At H&N, we’re more than legal advisors—we work alongside you to drive your project’s success. Whether it’s untangling intricate warranties or navigating product liability claims, we deliver the expertise, efficiency, and determination needed to keep your project moving forward. Trust us to handle the legal complexities, so you can focus on what you do best: building with confidence and precision.