By Attorney Martin Schmidt – May 1, 2025
In our modern consumer-driven society, we rely heavily on a vast array of products to simplify our daily lives. However, when these products malfunction or contain inherent defects, they can pose severe risks to our well-being. Helping residents of San Diego, CA (our home) is an important part of our core services.
This is where the expertise of The Schmidt National Law Group, a product liability law firm, based in San Diego becomes invaluable, ensuring that manufacturers are held accountable for the safety and quality of their offerings.
Navigating the Complexities of Product Liability
Product liability is a specialized area of law that governs the legal responsibilities of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products. In San Diego, this realm is meticulously regulated by state laws and regulations, designed to safeguard consumers from the potential harm posed by dangerous or faulty products.
Understanding Product Defects – Real Examples Shown
At the core of product liability cases lie various types of defects that can render a product hazardous or ineffective. These defects can arise from different stages of the product’s lifecycle, including:
Manufacturing Defects
These defects occur when a specific product deviates from its intended design due to errors in the manufacturing process. For example, a baby food brand that was tainted with lead resulting from a manufacturing error falls under this category.
Design Defects
In contrast to manufacturing defects, design defects affect an entire product line. These defects stem from an inherently unsafe design, rendering the product inherently flawed, regardless of the manufacturing process. Example, a 3 year-old boy was trapped under a Peloton Tread Plus flaw exemplifies this type of design defect.
Marketing Defects (Failure to Warn) Lawsuits
Even when a product is well-designed and manufactured, insufficient or inadequate instructions or warnings about its proper use or potential risks can constitute a marketing defect. For instance, a children’s toy prone to breaking and causing injury due to a design flaw exemplifies this type of defect.
Breach of Warranty
A breach of warranty occurs when a product fails to meet the explicit promises or implicit assurances made by the manufacturer or seller regarding its fitness for its intended purpose. This can involve either express warranties (explicit promises made by the seller about the product) or implied warranties (unwritten assurances that the product is suitable for its intended use). Example, the GM/OnStar Class Action Lawsuit is based on the GM/OnStar not informing consumers that they share data with insurance providers leading to either higher rates or insurance polices cancelled.
The Role of Strict Liability in Product Liability Cases
In California, the principle of strict liability plays a crucial role in product liability cases, simplifying the burden of proof for plaintiffs seeking recourse for injuries or damages caused by defective products. Unlike traditional negligence claims, where proving fault or carelessness on the part of the manufacturer or seller is necessary, strict liability shifts the focus to the condition of the product itself.
To establish a successful claim under strict liability, plaintiffs must demonstrate two key elements:
- Existence of a Defect: The plaintiff must show that the product had a defect that rendered it unreasonably dangerous for its intended use or for other reasonably foreseeable uses.
- Causation: The plaintiff must establish a causal link between the defect and their injuries or damages, demonstrating that the defect directly caused or substantially contributed to the harm they suffered.
By placing the responsibility squarely on those involved in bringing the defective product to market, strict liability encourages manufacturers, distributors, and sellers to prioritize product safety and quality control throughout the entire production and distribution process.
Common Injury Claims Involving Defective Products
Defective products can cause a wide range of injuries and damages, leading to various types of product liability claims. Some common examples include:
- Automotive defects, such as faulty brakes, airbags, or seatbelts
- Defective household appliances, including space heaters, ranges, ovens, and water heaters
- Unreasonable fire hazards posed by furniture, bedding, draperies, and carpets
- Dangerous household power tools and equipment, like drills, saws, and nail guns
- Unsafe sporting goods, such as archery equipment and bike or motorcycle helmets
- Hazardous children’s toys, particularly those with unsafe levels of lead paint
- Defective medical devices, prostheses, and implants
Seeking Compensation for Defective Product Injuries
If a consumer product defect has caused you or a loved one injuries and damages, you may be entitled to compensation under San Diego and California’s favorable product liability laws. Depending on the specific circumstances of your case The Schmidt National Law Group, can help you to get recoverable compensation that may include:
- Medical bills related to your defective product injuries
- Prospective medical expenses for injuries requiring ongoing care and treatment
- Lost earnings due to missed work caused by your injuries
- Loss of earning capacity for permanent injuries that restrict your ability to work
- Property damage
- Physical pain and emotional suffering
- Mental anguish
In the tragic event of a loved one’s death due to defective product injuries, you might have a claim for compensation under a wrongful death claim. Additionally, the estate may be entitled to survival action compensation for the losses your family member suffered before their passing.
Eligibility for Filing a Product Liability Claim
Any San Diego based consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages, regardless of ownership status. It is not necessary to be the owner of the product – someone to whom the product was loaned or given, or who was required to use the product as part of their work, would also be eligible to file a claim.
Moreover, the plaintiff’s citizenship or immigration status is not a factor in a product liability case. The Schmidt National Law Group have represented Mexican citizens, Mexican nationals living in the U.S., and undocumented immigrants who have been harmed by defective products manufactured and/or sold in the U.S.
The Scope of “Product” in Product Liability Law
While products are generally understood as tangible personal property, the definition of “product” in product liability law encompasses a broader range of items. This includes intangibles such as gases, animals, real estate (e.g., houses or office buildings), and intellectual property like navigational charts.
Types of Product Liability
Product liability cases can arise from various types of defects, including:
- Design defects: When a product fails to discharge its intended function due to a flawed design, causing harm to its user. Example the defective 3M Combat earplugs that hurt thousands of military service members.
- Manufacturing defects: A properly designed product can have defects in its manufacturing process that render it harmful or dangerous to the end-user. Example The CPAP Recall.
- Marketing defects: An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions or fail to warn consumers of inherent dangers. Example Juul e-cigarette lawsuit.
The Emergence of E-Commerce and Product Liability Laws
With the rise of electronic commerce (‘e-commerce’) companies like Amazon and eBay, a new dimension has been added to product liability cases. These platforms facilitate online consumer product sales, often involving third-party sellers. When defective products are sold through these channels, e-commerce companies typically deny liability, claiming that strict liability does not apply to them since they did not directly sell the defective product.
However, our experienced product liability attorneys have successfully challenged this denial of liability, arguing that e-commerce companies that act like sellers should be held strictly liable for defective products sold on their platforms.
The Contingency Fee Arrangement: Accessible Legal Representation
The Schmidt National Law Group operates on a contingency fee arrangement. This means that clients are not charged any upfront fees; instead, our firm only receives compensation if we successfully recover a settlement or jury verdict on behalf of our clients. If no compensation is obtained, the client owes nothing.
This arrangement ensures that individuals who have suffered injuries or damages due to defective products have access to skilled legal representation, regardless of their financial circumstances. It also allows our firm to invest the necessary resources, such as securing the support of design experts, industrial engineers, biomechanical engineers, and human factor specialists, to build a strong case on behalf of our clients.
The Power of Class Action and Multi-District Litigation (MDL)
The Schmidt National Law Group has taken the lead in many different MDL’s over the years. We were the first law firm to file Juul vaping lawsuits in California, and also the first to take action against Swedish Match North America /Philip Morris Inc for it’s Zyn nicotine pouches and currently the GM/OnStar Data Sharing Privacy Lawsuit.
In cases where numerous individuals have been similarly injured by the same defective product, there are multiple routes available to hold the manufacturer accountable:
Individual Product Liability Lawsuit
When your injury is unique, or the harm you suffered is significant, an individual product liability lawsuit may be the most appropriate choice. For example, if a defective tire caused your injury but there are no other serious complaints involving that tire, an individual lawsuit may be necessary.
Class Action Product Liability Lawsuit
A class action lawsuit allows a few plaintiffs to represent numerous class members who have been similarly injured by the same manufacturer. Class actions are powerful when numerous individuals suffer relatively minor injuries and would not be able to bring effective lawsuits on their own.
Multi-District Product Liability Litigation
When a large number of plaintiffs file similar individual lawsuits against a manufacturer, the court may decide to consolidate the lawsuits into one case, known as multi-district litigation. Unlike class action litigation, however, every plaintiff participates in the litigation process.
Schmidt National Law Group successfully represented thousands of claimants who have been victims of defective products, dangerous drugs, faulty medical devices, environmental disasters, corporate fraud, employment violations, and various other injury and negligence. Our law firm’s extensive experience in all aspects of consumer law is unmatched and gives our clients the best possible legal help available.
If you want the best Mass Torts, Class Action and Product Liability attorneys for no out-of-pocket cost, call Schmidt National Law Group at 1-800-631-5656.
Choosing the Right San Diego Product Liability Law Firm
When it comes to seeking justice and compensation for injuries or damages caused by defective products, choosing the right product liability law firm in San Diego is crucial. The Schmidt National Law Group has a proven track record of success in this specialized area of law. Contact us today at 1-800-631-5656.
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Our firm possess the necessary resources, expertise, and financial backing to conduct extensive research, retain top industry experts, and build a compelling case on behalf of our many clients. We have a keen focus on obtaining the most favorable resolution possible, whether through negotiated settlements or taking the case to trial.
The Importance of Prompt Action
If you or a loved one has suffered injuries or damages due to a defective product, it is essential to seek legal counsel promptly. Product liability cases can be complex, and time is of the essence in preserving evidence and building a strong case. By consulting with our experienced product liability law firm as soon as possible, you can increase your chances of achieving a successful outcome and obtaining the compensation you deserve. Use the form on the right side of this page, or call us direct at 1-800-631-5656.
If Harmed You Have the Right to Take Legal Action
In our modern world, where products play a significant role in our daily lives, it is imperative to hold manufacturers accountable for the safety and quality of their offerings.
By partnering with our product liability law firm based in San Diego, you can navigate the complexities of this specialized area of law and ensure that your rights as a consumer are protected.
With the Schmidt National Law Group expertise, resources, and unwavering commitment to justice, we can help you seek the compensation you deserve and send a powerful message to manufacturers about the importance of product safety.
Page: Product Liability Law Firm San Diego updated on May 1, 2025.