Product Liability FAQ
Were You Injured Due to a Product Defect? Let Us Evaluate Your Case
If you sustain injuries as a result of defective products, you might feel like you are fighting a losing battle. Since you will encounter a David vs. Goliath situation, you need all the help that you can get. The following are some of the common questions that people ask in order to overcome the challenges that they face when it comes to product liability cases.
What is product liability?
Defective products cause a myriad of injuries in the United States every year. As such, the parliament developed a set of rules that concern compensation to injured parties. Whether the defect is due to design or manufacturing flaws, a defective product attorney can help you to identify the culpable party so that you get proper compensation for your injuries.
Product liability law is different from ordinary personal injury law since it addresses specific issues that affect the consumer. With these set of rules, it becomes easier to recover the damages. Every party in the distribution chain must do their part to ensure that the product is safe and beneficial to the consumer. Without the assistance of a defective product attorney in Los Angeles consumers cannot identify the flaws as well as the negligent party.
What are the various product liability cases?
Product liability cases are broken into three sub-components:
Having a design defect means that something is wrong with the product itself. A defective design poses several threats, making the product inherently dangerous. A few years ago, when Ford manufacturers installed the gas tanks at the back of the car, the car would go up in flames whenever rear-end collisions occurred.
Even if the product was designed properly, it must be manufactured in the right way. The main reason why a product is manufactured in a controlled environment is to ensure that such defects do not occur. Loose screws and improper welding can introduce some structural weaknesses in a product. While manufacturing the rotating bearings and shafts, a manufacturer must take caution since the disengagement of such items can cause severe injuries. With the help of an attorney for hazardous product disputes to avoid the pitfalls that many people face.
Warning defects are common in toxic products. In 1965, the United States federal government directed that cigarette packaging must include a warning that smoking may be harmful to your health. The main intent was to inform consumers about the health risks that include lung cancer, pulmonary disease, and coronary disease. Marketing defects occur when a company does not inform the consumers that a product can cause injuries. For example, McDonalds have been sued in the past for failing to inform the consumers that the coffee was hot and could cause scalds.
What should a person do if injured by a product?
Normally, if injured by a defective product, the odds are stacked against you simply because of the money on the other side. It is extremely difficult for an individual to sue a corporation. Considering that the opposition will put up a fight, you should contact a legal professional immediately. Product liability laws must be filed within 14 days.
Any delays will weaken your case, and there is a likelihood that justice will be denied. Obviously, the first step involves getting the proper medical attention. In addition to preserving the medical records, you must keep the defective product as it will serve as evidence in court. Most importantly, you must keep the product in the state it was when the injury happened.
What determines the success of such a lawsuit?
In some cases, the liable company will try to tamper with the evidence. For example, they might ask to buy the product from you. Make sure that you do not lose the product as it will determine whether you will fly high or fall flat. An experienced lawyer will ensure that the product is subjected to several tests to identify the flaws.
If a building collapses as a result of structural flaws, it can be quite difficult to establish whether the architect, structural engineer, or contractor is liable. The only way to identify the flaws is to look at the architectural blueprints and structural designs. If these drawings are perfect, then sections of the slabs and columns can be subjected to cube tests. Such tests can indicate whether the contractor skimped on the materials that include mortar, concrete, and steel.
What proof do I need to win a defective liability case?
The court will only award compensation if you have actually been injured by a product. Also, you must prove that the product lacked the necessary instructions or warnings. Even if the product has the necessary warnings and instructions, you can still receive compensation if you were using it in the intended way. In most cases, the defendant will invoke the comparative negligence clause.
If you were using the product in the wrong way, it means that you are partially liable for the injury, and that the compensation can be reduced significantly. For example, if the brakes of your vehicle fail as a result of disrepair, you cannot sue the car manufacturer. However, if a particular brand leaves the assembly line with defective brakes, the manufacturer will not only be required to compensate the owners, but a product recall will also be enforced.
Can I sue a pharmaceutical company if a drug caused negative side effects?
Liability lawsuits in the medical field involve claims that arise from the use of drugs that cause dangerous side effects. Most importantly, the manufacturer must warn the patients of the side effects. For example, labeling the drugs that cause drowsiness is extremely crucial as the patient will avoid operating any machinery.
However, if injured as a result of taking drugs that cause drowsiness, you cannot make any legal claims. The only way to identify a culpable drug manufacturer is to determine whether the pharmaceutical product has affected many people in a negative way. In such a scenario, the affected parties can file a single lawsuit.
When searching for the competent personal injury attorney in Los Angeles consumers must identify a practitioner that specializes in such cases.
Is there hope for the plaintiff?
The elephant in the room is to prove that the manufacturer or designer acted with utmost malice towards the victim. A lawyer can also help to prove that the manufacturer displayed a conscious disregard for the welfare, health, and safety of the user.
While defects can occur anywhere in the chain of distribution, it is important to note that someone must be held liable for their mistakes. Fortunately, there is light at the end of the tunnel. Most manufacturers will claim that you cannot receive compensation if you did not actually buy the product.
For a product to cause any injury, it must have been sold to someone. The contractual relationship between the buyer and seller is known as privity of contract. In the past, the plaintiff could not receive any compensation if this privity did not exist. Nowadays, you can sue for damages even if you are not the buyer since the manufacturer must protect everyone who can be injured by the product.
Are you a victim of using a faulty product and not sure how to file such a lawsuit? Contact us today, and we’ll have our best attorneys in Los Angeles represent your case.