Legal Question in Product Liability in California

My company designs and supplies packaging materials. One of my manufacturers made plastic bottles that are defective, leaking and customer is now shut down with regards to their production. The purchase order was made out to the manufacturer directly. Sent emails sent voicemails send texts... No response from manufacturer. I was told to find out who their product liability insurer is and take the next steps. Looking for help.

Asked on 1/19/17, 9:58 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

This does not sound like a products liability issue. Products liability has to do with a defective product that causes damage or death, such as Pinto gas tanks, or Takata air bags. Delivery of a defective order for bottles is a Uniform Commercial Code Article 2, Sale of Goods issue. There won't be insurance coverage for that. Without knowing the exact contractual arrangements between you, the manufacturer and the customer, and what the claims and accusations are about whey the bottles are defective (material, manufacturing, design, something else?), it is impossible to give any advice on what your rights and options are.

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Answered on 1/20/17, 9:23 am

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