Highlights from Your Attorney on Radio’s July 10 Broadcast: California Product Liability Law & Immigration

Last Updated on Friday, 16 July 2010 12:59 Written by admin Friday, 16 July 2010 12:59

Liability for defective products explained, visa application process questions answered

As consumers, we buy products expecting that they’ll work and that we won’t get hurt using them. But defective product designs and shoddy workmanship do occasionally lead to injuries. Consumers can also be hurt when a manufacturer fails to warn them about a risk of harm associated with using a product.

Under California product liability law, people who are hurt by defectively designed or made products or who may be injured because they didn’t know about a product’s danger may be able to recover monetary damages from the manufacturer, supplier or seller.

On July 10, Your Attorney on Radio Madan Ahluwalia explained California product liability law. He also answered callers’ immigration law questions. (For more immigration questions and passport issues, visit our Facebook page.)

California Product Liability Law

What is product liability law?

Product liability is a broad area of law that addresses the safety of goods that are made and sold. These goods include a variety of items, such as:

• Bedding
• Appliances
• Tools
• Cars and car parts
• Toys
• Electronics

The news often contains reports of product liability hazards. Some baby cribs have been found to be dangerously designed, and some mattresses contain toxic chemicals.

Toyota is facing a number of lawsuits over allegedly defective brakes, and there have been several high profile suits over the safety of certain brands of tires.

Prescription drugs such Vioxx have also been the subject of product liability claims regarding their safety.

What types of defects give rise to product liability suits?

Product liability cases fall into three categories:  design defects, manufacturing defects and “failure to warn” or so-called marketing defects.

A design defect involves a product that with a design flaw. If a manufacturer or seller could have reduced or avoided a foreseeable risk of harm by adopting an alternative design, that party may be liable.

Manufacturing defects typically occur when the product is made or assembled. The product departs from the intended design, and the defect causes an accident, giving rise to liability.

A marketing defect involves a failure to adequately warn consumers of a potential risk of harm that is known or should have been known about a product or its foreseeable use.

What legal claims are pursued in product liability cases?

There are three types of common claims:  negligence, breach of warranty and strict liability.

Under the negligence theory, the plaintiff must show that the manufacturer owed a duty, that there was a breach of this duty, that the breach was the actual cause of the injury, that the breach was the proximate cause of the injury and that the plaintiff suffered actual damages.

A breach of warranty claim involves statements made by manufacturer or seller about a product during a commercial transaction. Warranty claims require what is known as privity — basically, a relationship — between the injured party and the manufacturer or seller. This relationship may be as simple as the consumer’s buying the product.

A breach of express warranty means that something in writing, perhaps on the packaging, could be considered a guarantee.

For a breach of implied warranty of merchantability, the manufacturer must have implied that the product will serve a particular purpose.

To state a claim for breach of implied warranty of fitness for a particular purpose, one must show that a product was intended for a certain use but that it failed to meet this standard.

Strict liability is the easiest standard for the plaintiff to meet. The plaintiff need not show that the manufacturer was careless or intended for the injury to occur.

Immigration Law Questions

Q. What should you do if you come to the United States on a visitor’s visa but when you arrive you’re only given three months to stay in the country?

Do not file for an extension of visa at the last minute. You need to apply early.

Second, supply a lot of evidence, documents and reasons behind the request for the extension.

Third, don’t try to handle immigration paperwork yourself. I have seen requests denied because of a small mistake in the paperwork. When it comes to legal documents, a small mistake can cost you a lot.

Q. I am a citizen. My parents are visiting the United States on a six-month visa and want to apply for green cards. May they apply in the U.S.?

Anybody who is visiting the U.S. legally and whose child or spouse is a U.S. citizen may file for a green card in a process known as an adjustment of status.

You will have to file separate petitions for each parent, and each will have to file a separate application.

Mark Your Calendars

On July 17 the consul general of India will be on the show to answer your questions. Call in or e-mail your questions ahead of time to questions@attorneyonradio.com.

For more information about California product liability law or for immigration law assistance, contact Madan Ahluwalia at Ahluwalia Law P.C. by calling 650-331-1968 or e-mailing madan.ahluwalia@ahluwalia-law.com.

Based in Redwood, Calif., Ahluwalia Law is a general practice law firm assisting clients with a variety of cases, including but not limited to immigration law, business services, civil litigation, estate management, loan modification and bankruptcy, family law and personal injury.

To keep up to date with the latest Your Attorney on Radio news and information, visit our Facebook page.

7/10/2010

Last Updated on Monday, 12 July 2010 11:50 Written by admin Monday, 12 July 2010 11:50

Attorney Madan Ahluwalia discusses product liability. He talks about what product liability is, the type of situations that give rise to product liability, and what kind of things you need to prove in order to establish a case. He also takes questions from listeners on a variety of topics.

 7/10/2010: Play Now