In the city of San Luis Obispo, a product recall may be issued only after one or more people are injured by that product. The injured parties may be able to sue the manufacturer of the product, the person who sold the product, or both, under what are known as strict liability rules, sometimes called absolute liability.
The idea of strict liability rules is that a person or company is liable, even if they are not directly at fault for an injury or found to have been negligent. Strict liability is used in different types of civil lawsuits, but most often in defective product cases. In the case of product liability law, a victim must prove that the product itself caused injury or harm, but they are not required to prove how the manufacturer was negligent in the making or release of the product.
For example, if a person is riding one of the popular toys of today, the hoverboard, and it catches on fire, the person may be injured by the flames. That person may decide to sue the manufacturer of the product, the store that sold the toy or both. The victim must only prove that it was the toy that caused the injury. The victim does not have to prove that the manufacturer or seller were negligent.
If you have been injured by a product, an attorney experienced in product liability law can assist you in determining if you have the elements necessary for a successful case.
