Defective products are products that malfunction in some way; they do not perform the way they are supposed to perform. Defective products can cause serious injury. For example, if you are driving and your care is defective it can cause you to have an accident. The severity of the accident can depend on the severity of the defective nature of the vehicle. We are all familiar with the Samsung Phones exploding. That is a defective product. As many tests as companies boast to use, there is no better test than to distribute the product to the masses and hope that all steps were taken to ensure there are little to no errors. We understand that defective products can cause physical harm, but what about emotional harm? What if a product can influence whether or not you have future jail time?
In California, driving under the influence is a huge problem. To combat that problem, multiple offenders are given bracelets or anklets to monitor their whereabouts. These devices sense “vaporized skin sweat for traces of alcohol” every half hour. SCRAM is a company that distributes these devices as well as monitoring services. They claim that the devices can discern between people ingesting alcohol and surrounding environment chemicals that use or mimic alcohol. However, two plaintiffs Roseanne Hansen and Jennifer Oh claim that these devices are inaccurate.
They claim the devices showed false positives which alerted the authorities and sent people back to jail for something that they did not do. For example, Hansen and Oh cite a case where a person was wearing the anklet and the SCRAM device monitored him consuming alcohol for 63 hours straight. Other issues were shown where the SCRAM device was showing a positive report, but when the person was given a breathalyzer it was proven that the person had not ingested any alcohol.
These defective devices are ruining people’s lives. They are building held in jails for days and then released because it was a faulty issue with the device. These devices aren’t cheap either. There are weekly rental fees as well as an enrolment fee. People who are genuinely trying to right their wrongs are dealing with faulty devices. These false reports are dangerous for the person wearing the device.
The example above is just one of many defective product issues. The state of California’s statute of limitation for filing against a product is two years. However, there are caveats that our California product liability attorneys at Mancini & Associates can help you navigate. We believe that if you suffer from an injury due to a defective product, you have the right to file for compensation. Our attorneys have the experience and resources necessary to ensure that your case gets heard the way it needs to be heard. Give us a call at 818-783-5757 or click here for more information. As always, the first consultation is free and we speak Spanish.