Trying to Determine Liability? Let Us Review Your Case
If you were injured by a defective product, there are a few ways to identify potential defendants for a strong liability case. In the U.S. and globally we depend on consumer goods, or final goods, from microwaves to medications and food. The end-product produced by the business is what you purchase when you go to the store. At this stage, from the moment you pick an item up on the shelf and take it home, you should be able to assume it is safe to use.
What if it isn’t? If you sustained injuries because a faulty product was manufactured improperly or a warning was not issued, you can take legal action. However, determining liability can be tricky. There can be several persons, companies and supply chains involved. However, consulting with a lawyer for design defects might be the best option before building the foundation of your case. Manufactures deal with lawsuits daily. Their legal defense will try hard to not only avoid reaching a settlement, but also prove a fault product is safe for other consumers to use.
What Is Product Liability?
Product liability refers to a manufacturer or seller that is liable or responsible for damages caused once it is owned by the consumer. The laws pertaining to liability vary per state, especially if the plaintiff was hurt. Hiring a faulty product and personal injury lawyer in Los Angeles with experience is vital. Unfortunately, there are more than one set of consumer protections that take negligence, strict liability, and breaches in warranty into account.
Who Is Responsible for Dangerous Products?
The best way to figure out who holds responsibility is looking at the chain of distribution, which is a path the product travels between manufacturers to distribution centers. Doing so will also give you a better understanding of how your item may have been impacted before use.
You may want to look at the manufacturer first, as they are at the beginning of the chain. The company can range from a small size of employees or be one of many well-known brands in the U.S. Regardless of the success and status, you should include the business in your case. They are responsible for the defective component and functionality of the entire product.
This might not apply toward all cases. For instance, if you find that your tire was defective, you can file a claim against both the car dealership and battery manufacturer. The dealership sold you the vehicle under the assumption it was safe to use and possessed no risks regarding manufacturing. The tire supplier is a part of their chain of command.
To prove a claim, your Los Angeles attorney for liability lawsuits would review a number of factors like quality-control engineers, design, failure to warn or lack of instructions and additional technicalities.
Before the product is sent out, the manufacturer of the product that caused you harm is responsible for a few things:
- The product is designed for safe and practical use before it gets manufactured.
- Potential hazards and risks are evaluated during testing (including scenarios of consumer misuse).
- The product follows the U.S. Consumer Product Safety Commission (CPSC) guidelines.
- Specifications of the product outline dangerous materials and specific areas that require a warning.
- Documentation is provided (for consumers) to ensure the products comply with federal safety laws.
- Making sure they have reliable suppliers that can ensure the product continues to comply with CPSC’s guidelines.
Retailer & Wholesaler
Retailers may be the second group you review because it is where you, or another person bought the product that caused your injury. They did not manufacture it but can still be liable. Similarly, if it didn’t happen directly to you, you can still pursue a cause with a PI lawyer in Los Angeles. For instance, if the owner is using a blender and you get injured nearby by broken plastic or blades that flew out without warning. You can retain a lawyer for product liability suits in LA to reach a settlement to cover your injuries.
Depending on the manufacturer, they may also use a wholesaler or distributor as “middlemen” to appeal toward a wider audience. The plaintiff will review both – but in most cases they fall into the same category on the chain.
Taking Legal Action in California
In California, the plaintiff can successfully sue on two grounds: negligence and strict liability. Negligence would be the manufacturer’s inability to act, which proves that they did not fulfil their duty to look out for the consumer’s best interest. Whereas strict liability allows injured persons to sue for damages without having to prove the manufacturer was careless. Whether it was intentional the plaintiff can build a claim on one or more of three types of defects: design flaws, manufacturing errors, or failure to warn.
It can feel overwhelming when you think about joint liability. Due to the nature of product liability claims, you have the right to pursue compensation from everyone involved. Your injury lawyer in LA may request that the defendants are tried together or separately to receive the best offer for damages. Pursuing a joint liability claim may be a better option when one of several parties can’t offer a full pay out.
About The Law Offices of Oscar H. Gutierrez
Our law firm specializes in helping those who were injured due to an accident or someone else’s negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That’s why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you are compensated for your pain and suffering.
When you meet with one of our English-speaking and Spanish-speaking personal injury attorneys, you can tell them how your accident occurred and who might be responsible. Your attorneys will then launch an investigation into your accident and the events surrounding it to find who is responsible. If someone was negligent and their lack of care led to your injury, then they will build a case to make sure they pay your medical bills. You should contact our law firm if you were injured in a:
- Car accident
- Motorcycle accident
- Bike accident
- Rideshare accident
- Pool accident
- Dog attack
- Workplace accident
We can also help you with product liability and premises liability suits. Don’t leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.