Product Liability FAQ
Were You Injured Due to a Product Defect? Let Us Evaluate Your Case
If you sustain injuries because of defective products, you might feel like you are fighting a losing battle. It requires a trained lawyer to help you get the compensation that you deserve. If you or a loved one has suffered injuries, you're likely to have questions about how to go about filing a lawsuit. We answer your questions below.
What Is Product Liability?
Defective products cause a myriad of injuries in the United States every year. A defective product attorney can help you identify the guilty party to get proper compensation for your injuries, whether the defect is due to design or manufacturing flaws.
Product liability law is different from ordinary personal injury law since it addresses specific issues that affect the consumer. 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 and 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.
Product designs and manufacturing go hand in hand. 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. For instance, 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 arise when a company does not disclose to the consumers that a product can cause injuries.
What Should a Person Do If Injured by A Product?
The first thing you should do is seek emergency medical assistance. Your medical records will serve as crucial evidence for your case. Any delay in pursuing medical assistance will weaken your claim, and there is a likelihood that justice will be denied.
Usually, if injured by a defective product, the odds are stacked against you. Corporations have strong legal defense and will put up a fight. Once you've been medically treated, contact a legal professional immediately. We will use your medical records as the basis of your case along with the defective product in question. Make sure to take photographic evidence of the damage if it's too dangerous to keep.
What Determines the Success of Such a Lawsuit?
In most 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.
What Proof Do I Need to Win a Defective Liability Case?
The court will only award compensation if a product has injured you. Claimants must prove that the product lacked the necessary instructions or warnings or a design flaw. In most cases, the defendant will invoke the comparative negligence clause.
If you were using the product in the wrong way, you are partially liable for the injury, and that the compensation can be reduced significantly. For example, if your vehicle's brakes fail because 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. The company will also enforce a product recall.
Can I Sue a Pharmaceutical Company If A Drug Caused Negative Side Effects?
Liability lawsuits in the medical field involve claims that arise from drugs that cause dangerous side effects. The manufacturer is responsible for issuing a warning of the side effects. For instance, failing to indicate that the medication might cause drowsiness can result in life-threatening injuries if your job requires you to operate machinery.
To establish that the pharmaceutical company is at fault, we might identify others who've been affected negatively by their poor marketing. In such a scenario, the affected parties can file a single lawsuit.
Our personal injury attorney in Los Angeles specializes in product liability cases. We're here to help you hold negligent parties accountable for your damages.
Is There Hope for The Plaintiff?
Yes! There is certainly hope for plaintiffs. Having a lawyer by your side will increase your chances of proving that the manufacturer or designer acted with utmost malice towards the victim.
Accidents can happen anywhere in the chain of distribution. When they do, we find it important to safeguard your rights as a consumer and hold negligent parties liable for their mistakes. Contact us today to schedule a consultation and get started on your case.