PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure to Warn – Negligence – VERDICT: $195,628.00
October 09, 2019
Consumers injured by a manufacturing defect, design defect and/or a failure to warn have a personal injury claim. More specifically the may have a viable product liability lawsuit based on two legal theories – strict liability and negligence.
California product liability law recognizes that even a ﬂawlessly designed and produced product may nevertheless possess such risks to the user. A flawless product without a suitable warning becomes “defective” simply by the absence of a warning. Thus, manufacturers have a duty to warn consumers about the hazards inherent in their products.
Case Study: $195,628.00 Product Liability – Negligence: VERDICT: “In May 2003, plaintiff Jennie Bolden, 65, received a decorative oil lamp from her niece. Bolden attempted to assemble the lamp (Oil Lamp, model no. TG-6765-US) by following the instructions provided with the product, which her niece bought from Target and which Target got from Designpac Inc, a Northlake, Ill.-based merchandise distributor.
In trying to assemble it, a glass tube, broke puncturing her hand. Bolden sued Target and Designpac on products liability (manufacturing defect, design defect and failure to warn) and negligence theories. … Plaintiff’s counsel argued that the defendants failed to provide adequate use instructions with the product. Bolden claimed that the instructions provided with the lamp were meant for another oil lamp model that Designpac had previously distributed.”– Verdict Search; https://verdictsearch.com
California product liability law holds distributors strictly liable for a failure to adequately warn a consumer of the potential risks of using a product. However, the jury in the above case concluded that this is not an inadequate failure to warn situation; rather, the distributor was negligent for including the instructions meant for another product. Finding the defendants in this action negligent, the plaintiff was awarded $195,628.00 in compensatory damages. Negligent compensatory damages were computed as follows: $3,628 in special damages (past medical expenses); $42,000 in general damages for past pain and suffering; and $150,000 in general damages for future pain and suffering.
Articles discussing specific product liability claims are linked below:
This article discusses the specific distinction between strict product liability claims and negligent strict liability claims:
Additional articles discussing compensatory damages in negligence claims are linked below:
If you or someone you know has been injured by use of a defective product or has a product liability claim we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced product liability attorneys and liability lawyers.