The Law Protects Consumers Against Defective Products
Each day people around the United States use many different products. They are used for everything from transportation to food, health, personal care, and more. Should any of these products be defective, they could put people at risk of injury or even death. A defective product could cause a fire, explode, or cause serious damage when they malfunction. When someone is the victim of a defective product, they may need to be compensated for property damage, medical expenses, and more. A Los Angeles product liability lawyer will know how to successfully handle this situation.
Types Of Product Liability Claims
There are different classifications of defective products based on how a product harms a consumer. A product liability attorney in Los Angeles will know what is involved with filing a product liability claim.
There are products that can be purchased by a consumer and are manufactured with flawed designs. Defective designs have created dangerous products like medical devices, child products, safety products, and more.
Missing/Inadequate Instructions and Warnings
A lack of important instructions, as well as improper labeling, will make a manufacturer liable for any harm their products cause consumers. It is possible for a product to have labels that do not provide important information about its potential hazards. If a product does not provide labeling with accurate information concerning its correct usage, this can result in consumers being harmed or killed. Consumers have experienced catastrophic injuries, and in some cases wrongful deaths, due to inaccurate instructions or warning labels on products.
It is possible for a product to cause harm because it was defectively manufactured. In many cases, a Los Angeles product liability lawyer will know if mistakes have occurred during the product's manufacturing process. This could make a product too dangerous to use. This has happened with such products smoke detectors, vehicle airbags and more. These are products built then sold with a final form that does not resemble its blueprints.
Defective Product Determination
A list of recalled products is provided by the Consumer Product Safety Commission (CPSC). They also work to keep consumers informed about defective products by providing various safety educational materials as well as news releases and more. Consumers should try to learn about all the resources they can access if they have an injury or lose someone close to them because of a defective product. Even if a product is recalled, its manufacturers, distributors, and more can be held liable under California's safety and liability laws. A product liability attorney in Los Angeles will know if a product has been determined to be defective.
Product Liability Laws Of California
It is important anyone harmed by a defective product become aware of the many California product liability laws. A personal injury attorney in Los Angeles knows when a person is injured, they will have two years after experiencing the injury to file a claim against the responsible company. It is only possible for a person to receive compensation in the amount they were determined to not be at fault. Should a faulty lawn mower ignite and burn, a person’s medical bills could end up being $5,000 and their pain and suffering be valued at $400,000. It could be determined they were 50 percent at fault for the accident. In this case, a person could only recover $2,500 for medical bills and $200,000 for pain and suffering.
In most cases, the liability of death or injury from a product is with the company who manufactured it. They are best able to know how their product can be used and if possible dangers associated with it should be known by a consumer. A product's chain of distribution can also be held liable in California. This means the product's distributor and retailer can also be made responsible for any injuries or death resulting from a product.
Product Liability Case
A product liability lawyer Los Angeles knows it is the responsibility of the victim in these cases to prove negligence on the part of the manufacturer. They will have to show the duty of the manufacturer to provide a safe product was breached. It is also possible a strict liability claim can be brought against a manufacturer. In this situation, the victim can show a manufacturer was liable even if they are not responsible for causing a product's defect. It is also possible for a victim to bring a breach of warranty case against a plaintiff. This is where a manufacturer provides a warranty that fails and results in a victim's injury or death.
Class Action Lawsuit
If a claim against a company will be a class action lawsuit or not depends on different factors. Should a personal injury attorney in Los Angeles know of other similar injuries that resulted from a specific product, it is possible a class action lawsuit could be a consideration. If a victim's injuries are unique, it may be best to not pursue this way.
An experienced product liability lawyer Los Angeles will know how to succeed against a large company that does not protect consumers from the dangers of their products. There are guidelines from the federal and state governments designed to set standards these companies must obey. When they fail to comply, and it results in a consumer's injury or death, they must be held accountable.