Product Liability Lawsuits
Those who design products, as well as manufacture or sell them are responsible for making certain they are safe and properly marketed. One of these parties could be responsible for an injury resulting from the use of their product. When someone is injured this way, they should contact personal injury lawyer Los Angeles.
Consumers have the right to try and sue a seller or a product’s manufacturer for their product’s defects causing them an injury. A product liability attorney Los Angeles knows this does not guarantee a lawsuit will result in a manufacturer/designer changing things or a person being awarded fair compensation. A Los Angeles product liability lawyer will advise against pursuing a product liability claim if a person’s injury was minor and not enough to justify taking legal action.
It is standard for manufacturers to utilize disclaimers and warning labels to discourage people from filing product liability lawsuits against them. A disclaimer can provide a company protection from certain risks associated with its product that are foreseeable. A disclaimer and warning label will minimize the liability associated with an accident from a product. Personal injury lawyer Los Angeles will tell consumers it is important they realize that warning labels, disclaimers, or limited warranties may not be sufficient to protect a company from a product’s dangerous defects.
California operates under a strict liability rule. This makes it possible for consumers to make a defendant responsible for their injuries and not utilize the traditional standard of negligence. A product liability attorney knows their client is only required to prove the product they purchased was in a hazardous condition and it was known this product would be used by consumers. It must be established the product caused harm or injury. When a product liability attorney Los Angeles can establish liability, it can make their client’s case stronger.
Breach Of Warranty
It is also possible for a consumer to bring a lawsuit against a manufacturer for breaching an express or implied warranty. An express warranty is stated or written protection that comes with a product. There are also implied warranties that apply to all products and make it mandatory for products to meet certain criteria before they can be sold. A product must pass legal requirements for merchantability. In order for a product liability attorney to win a lawsuit for breach of warranty, they will need to establish a breach of warranty is what caused the harm.
California has a pure comparative fault standard. If a product causes $30,000 in damages and the consumer was considered to be 50 percent at fault, they could still recover $15,000 from a product’s manufacturer or seller. California also has an economic loss rule. This prevents consumers from recovering only economic losses, such as profits.
Dangerous or defective products cause thousands of injuries in the United annually Product liability laws are designed to hold those who provide consumers with dangerous or defective products responsible. A Los Angeles product liability lawyer knows how to help an injured consumer get fair compensation.