Every day we use different products to make our chores and work easier, faster, and more accurate. But unknowingly using a defective product can result in serious injuries which can change your life forever. If you or a loved one suffer injuries from using a faulty product, it’s best to get in touch with an experienced Glendale defective products attorney when filing an injury claim.
Types of Product Liability Cases According to Defects
Companies and the people behind them are accountable for making consumer products. It’s their responsibility to make sure that those products are safe when utilized as expected. However, it’s not always that every household will get their hands on safe products, prompting them to file a claim due to injuries from using a defective product. The following are the types of product liability cases based on defects.
Design Defects
A specific product or goods having a defective design is naturally hazardous based on its shape, pattern, or style. Hire an experienced Glendale defective products attorney that can prove the following to demonstrate the manufacturer’s liability:
- The manufacturer should’ve recognized the design will result in injuries
- There’s a concern with the design that can pose risks to users
- It’s more inexpensive to adopt a varied and safer design and still achieve the considered utilization of the product
The defective design claim doesn’t occur from an error or miscalculation in the manufacturing approach. Rather, it involves the claim that the full range of products is clearly risky, notwithstanding the circumstance that the manufacture of the inquiry-causing products is according to the manufacturer’s instructions.
Manufacturing Defects
This defect case results in an error made during the manufacturing process. The Third Restatement of Torts describes manufacturing defects as transpiring if “the product leaves from its purposive design even if all feasible care in the assembly and marketing product has been given.”
It means that it makes no difference even if the manufacturer is careful with product designs, assembly, choosing materials, and providing quality assurance guidelines. Once a badly manufactured product departed the factory and caused injury to the user, the manufacturer is held liable for the injuries.
Marketing Defects
Marketing defects have little to do with the exact product marketing except for the labeling itself. Products have marketing defects if they lack appropriate warning labels. It includes lists of possible hazards or side effects. The same goes with the product that doesn’t have suitable safety instructions, which allow consumers to utilize the products safely and as purposed.
Parties Liable in a Defective and Hazardous Products
Companies and those people behind in the manufacture and distribution of defective and hazardous products are the ones liable when customers suffer injuries. Manufacturers have the legal responsibility to ensure their products are riskless for consumers to use. If using these defective products caused consumers harm and injuries, they have the right to file a claim for the damages.
Apart from the manufacturers, distributors, wholesalers, and sellers likewise assume fault for the injuries and damages that customers suffer. It is a complicated case and if you or a family member is a victim, you need to speak with an experienced Glendale defective products attorney to know what to do.
Justifying Accountability in Faulty Product Claim
An experienced Glendale defective products attorney can help justify the accountability of parties involved in a faulty product case. There are three assumptions that can prove parties’ liability for the consumers’ injuries.
Strict Liability
With strict liability, injured customers don’t have to attest that the responsible party breached its duty of care. The product designer could have used sensible care, however, if it’s a faulty product that caused a consumer an injury, this makes the manufacturer liable.
Breach of Warranty
There are instances when manufacturers or sellers breach a product’s warranty and safety. Also, there is a breach of implied warranty where the product is safe if used as intended.
Negligence
Under this case, the experienced Glendale defective products attorney needs to demonstrate the liable party’s breach of duty of care. It should have a connection to the consumer’s injuries, which lead to damages.
How Much is Your Case Worth?
Each case is different from one another, meaning that the value of your case is also different from others. Once the experienced Glendale defective products attorney verifies you have a case, there are damages you can recover and these are:
Economic Damages
This kind of damage is quantifiable and involves particular economic losses. It includes property damage, lost income, and medical expenses
Non-Economic Damages
Unlike economic damages, non-economic damages are not calculable. It includes emotional distress and pain and suffering that the victim may endure for a long time or even for the rest of his life.
Punitive Damages
These are occasionally awarded to the victim if the defendant’s actions are dreadfully negligent or deliberated. The court will punish the defendant to discourage others from doing the same thing.
Talk to an Experienced Glendale Defective Products Attorney Today
If you believe that you have a defective product claim, it’s recommended that talk to an experienced Glendale defective products attorney. The Benjamin Law Firm is willing to fight for your rights and make sure that you’ll get fair compensation.
Call us today at (818) 423 4878 and we’ll evaluate your case at no cost.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206