Every day, consumers buy different products, including tools, food, and medicine. As consumers, we are confident that every product we use or eat is safe. However, product liability occurs if one of those products causes harm, damage, or injury. In a situation such as this, contact a Los Angeles defective product attorney to determine if you have a case.
What is a Defective Product?
A defective product is any product that’s extremely dangerous when used for its expected purpose without any modification or interruption. The consumer using the defective product could experience an injury because of a design, manufacturing, and marketing defect. When the product user sustains injuries, product liability arises. As an injured victim, you must speak to a Los Angeles defective product lawyer to help you recover damages.
What is Product Liability?
Product liability pertains to a product manufacturer, distributor, or retailer being held responsible for allowing a defective good to reach consumers, disregarding the consumer’s own negligence. Statutes related to product liability distinguish the liable party for defective or faulty products.
What Considers a Defective Product?
There are three things that make a product defective. These are defective design, defective manufacturing, and failure to warn.
A defective design in products occurs if there was a probable risk proposed by the product when manufactured as expected for its slated purposes. In most states, plaintiffs likewise have to demonstrate that the risk could have been diminished or even avoided by adopting a sensible optional design, which was:
- The manufacturer could produce the product
- It won’t cost too much to make changes to the product
- The particular product would still function for its intended use
Most consumers think that a well-designed product is safe to use. However, there are instances when the opposite happens. Defective manufacturing occurs when a product undergoes improper manufacture and diverges from its purposive design. An example of defective manufacturing is a prescription drug bottle that got contaminated at a processing facility.
Failure to Warn
In a product liability case, failure to warn means that the manufacturer failed to provide adequate and appropriate instructions to consumers on how to use their products correctly. It’s the manufacturer’s responsibility to warn consumers about the right usage of their products. When they fail to do so, they might deal with legal liability for accidents that may happen.
What Do You Need to Prove to Recover Damages?
Evidence is the key to recovering damages from a defective product claim. There are four elements that you need to prove when filing a claim. These are:
- You’re using the product as intended and not accountable for its defect or your injury
- The product itself was faulty, and part of the manufacturing process and design caused its defect
- You suffered an injury resulting in lost wages and medical expenses, among others
- The defect in the product caused you harm
What are the Pieces of Evidence that You Need to Present?
Solely presenting the evidence is a difficult task. You need someone reliable to gather all significant proof. Talk to a dependable Los Angeles defective product lawyer to help you collect and present the following:
- The manufacturer is aware of the defect in its product
- Insurance documents, such as the policy
- Medical bills, as well as payroll records, account for your financial losses
- Marketing materials
- Accident reports
- Images or footage of incurred injuries, product defects, or the occurrence
- Bystander and expert witnesses
- Product is defective
What are the Legal Claims Involved?
When it comes to legal costs, there are two legal claims. These are negligence and strict liability.
Negligence occurs when the manufacturer is aware or must have known of the danger associated with the product’s design. The evaluation would then be focused on conduct.
Strict liability applies when a manufacturer sells a defective product in the market when it brings risk or danger to the consumer. This time, the focus is on the product and not on the manufacturer’s conduct.
What Compensatory Damages Can You Recover in a Defective Product Claim?
Compensatory damages are remuneration meant to restore an injured victim’s condition before his injury. It comes in two different categories – economic damages and non-economic damages.
Economic damages are also known as “special damages.” It includes particular financial losses that the victim incurs after the injury due to using a defective product. It’s generally computed by referring to documents and other financial details.
Non-economic damages are also called “general damages” and intend to compensate a hurt victim for suffered indefinite losses. It is more subjective than economic damages. The amount an injured victim may get is usually based on testimonies. The jury will base your compensation according to the statements provided by your colleagues, friends, family, and attending physician.
Schedule a Free Case Evaluation with Big Ben Lawyers
Most victims don’t seek the help of a defective product lawyer because they have no money to pay them upfront. Big Ben Lawyers and its defective products lawyer strictly work on a contingency fee basis.
Our Los Angeles defective products attorneys have an interest and background in Medicine, which lets us know if you’re getting accurate and sufficient medical treatment. We’ll be with you from the beginning to the end of your case, helping you throughout the legal proceedings.
Call us at (818) 423-4878 and tell us about your case at no obligation.