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California Car Accident Law Home Page Practice Areas: Automobile Accidents, Rollovers and Defective Seatbelts, Motorcycle, Railroad and Trucking/Big Rig Accidents, Bicycle Accidents, Boating/Personal Water Craft Accidents, Dog Bites/Animal Attacks, Malfunctioning Equipment, Medical Devices, or Consumer Goods, Product Liability, Premises Accidents, Work Related Accidents & Injuries, Insurance Bad Faith Disputes, Uninsured/Under-insured Claims, Accidents or Injuries as a Result of Unsafe Premises, Brain & Head Injury Cases, Auto accidents involving a drunk driver, Construction Accidents, Food Contamination Claims, Wrongful Death, including death caused by automobile, train, boat, planes, tobacco, chemicals, construction accidents, medical negligence, etc. Free Case Evaluation About California Personal Injury Attorneys Contact California Personal Injury Attorneys

SACRAMENTO PRODUCT LIABILITY LAWYER
CALIFORNIA PRODUCT LIABILITY LAWYERS

The most important limitation on the seller's exposure is that the product must in fact be defective so as to render it unreasonably dangerous. A manufacturer or distributor of products is not required to be an insurer against all product-related accidents. A manufacturer is not required to design the safest possible product. It is not required that the design adopted be perfect, or render the product accident-proof or incapable of causing injury, nor is it necessary to incorporate the ultimate safety features in the product. There are many ways to injure a person or property while using some manufactured product, but only those attributable to a product defect may form the basis for a strict tort liability cause of action.

There are three types of actionable product defects: manufacturing defects (flaws), design defects, and "marketing defects" (warnings and directions). The first two are actually defects in the product. A manufacturing defect is an unreasonable dangerous deviation, usually a flaw in materials or workmanship, from the standards established by the manufacturer for similar products. A defect arising from the design process makes every unit in the product line unreasonably dangerous. A marketing defect reflects not a problem with the product per se, but the absence of adequate warnings of the risks of harm and instructions for safe use. Without these, the product as marketed is unreasonably dangerous, either for the one who is unable to make an informed choice as to whether to use a useful product that has risks associated with it, or for the user who does not know how to avoid dangers incident to improper use of the product. A manufacturer's duty to warn of risks inherent in its product is based on the policy that the user is entitled to information necessary to make an intelligent choice as to whether the product's utility or benefits justify exposing himself or herself to a risk of harm.

The product defect as a basis for recovery shifts the focus from that in a negligence action. The care taken by the supplier of a product in its preparation, manufacture, or sale, is not a consideration in strict liability, whereas it is the ultimate question in a negligence action. Strict tort liability focuses on the product itself and determines whether it is defective. Negligence evaluates the acts of the manufacturer and determines if it exercised ordinary care in design and production.

It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right attorney is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation for your injuries. Over the past decade we have successfully handled thousands of injury and death cases caused by a dangerous and/or defective products. That is why you should contact the Law Offices of clancey, Doyle & O'Donnell.



IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.

PLEASE CALL US TOLL- FREE AT
1-800-632-5529

OR CLICK HERE FOR A FREE CONFIDENTIAL ACCIDENT CASE EVALUATION

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Clancey, Doyle & O'Donnell
901 F Street, Suite 120
Sacramento, CA 95814

1.916.922.9301 (Tel)
1.916.922.0418 (Fax)

Toll Free: 1-800-632-5529


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Clancey, Doyle & O'Donnell
901 F Street, Suite 120
Sacramento, CA 95814

1.916.922.9301
1.916.922.0418 (Fax)

Toll Free: 1-800-632-5529
Copyright 2005 Clancey, Doyle & O'Donnell, All Rights Reserved




Our Practice Areas:
California Automobile Accidents  •   California Rollovers and Defective Seatbelts  •   California Motorcycle Accidents   •   California Trucking/Big Rig Accidents   •   California Bicycle Accidents  •   California Boating/Personal Water Craft Accidents  •   California Dog Bites/Animal Attacks  •   California Product Liability  •   California Unsafe Premises Accidents  •   California Insurance Bad Faith Disputes  •   California Uninsured/Under-insured Claims  •   California Brain & Head Injury Cases  •   California Auto accidents involving a drunk driver  •   California Construction Accidents  •   California Slip & Fall Accidents  •   California Wrongful Death

California Automobile Car Accident Law Disclaimer:
The California personal injury, accident injury, motorcycle accident, car motorcycle accident, motorcycle accident law, motorcycle accident injury, motorcycle crash, fatal motorcycle crash, sacramento motorcycle accident, auto accident, personal injury, wrongful death or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submission of the internet case evaluation or free initial telephone consultation does not form nor create an attorney-client relationship with Clancey, Doyle & O'Donnell. The information provided in this web site is offered for informational purposes only; it is not offered as and does not constitute legal advice. This web site is not intended to solicit clients for matters outside of the State of California.


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