As a consumer, we expect that the products we buy and use are safe to use or consume. However, there are cases when these products are the ones that could cost our lives. If you suffer injuries from using a certain product, seek immediate medical attention and contact a competent Los Angeles product liability lawyer.
What is Product Liability?
Product liability is when a manufacturer or distributor becomes liable for entrusting a defective or faulty product into the consumers’ hands. Accountability for a product flaw that caused injury associates all product sellers in the distribution chain.
Basically, the law imposes that a product satisfies the consumer’s typical anticipations. When the product has an unsolicited defect or risk, the product itself can’t be said to adhere to the consumer’s usual criterion.
Product liability claims depend on state laws and are served under the theories of negligence, breach of warranty, or strict liability. Moreover, a number of commercial statutes in every state worked on the Uniform Commercial Code, will consist of warranty rules impacting product liability.
Kinds of Product Defects
Governed by the theory of liability, as a plaintiff, you have to prove that the defective product caused your injury. A faulty product is reasonably hazardous to use. Here are the types of product defects that could make the manufacturer or supplier become liable:
These defects are already existent even before their manufacture. The product’s design is naturally dangerous. It has a negative impact on the whole line of products. An example is an electric fan with wide gaps that can cause injury to a toddler or an adult when their slip their finger accidentally.
This product defect occurs when a product leaves from its intended design. It’s even more dangerous than consumers anticipate the product to be. Additionally, this is a flaw that wasn’t intended.
It’s a defect in the way that a product is retailed or merchandized. It occurs when a product provides insufficient warnings or directions about its correct use. The product manufacturer has a responsibility to caution its users of the hazards that aren’t visible.
Who are the Liable Parties?
For product liability to actualize, the product should have been sold in the market. A contractual relationship called “privity of contract” should be present between the product that injured a person and the supplier for the affected victim to recover.
Responsibility for a product defect could hinge on any party in the product’s chain of distribution. These may include:
- Product manufacturer
- Component parts manufacturer
- Wholesaler, distributor, or supplier
- Retailer or seller
Strict liability applies when the sale of the product is made in the supplier’s regular course of business. Therefore, someone who trades a product from a garage sale would possibly not be responsible for a product liability action.
Moreover, as an injured victim, you don’t need to prove the manufacturer’s negligence. You just need to prove that the product is defective. Getting rid of the issue of manufacturer fault, the idea of no-fault liability enables the injured victim to recover where they might not instead.
Challenges in a Product Liability Claim
The defendant and the insurance company will have their lawyers challenge your product liability claim. Hiring a product liability Los Angeles lawyer gives you an edge because they know how to deal with insurance companies. A skilled legal representative by your side evens the playing field.
To have a successful claim, it’s crucial that you link the product in question with the liable parties in the chain of distribution. However, there is an exception to this rule called market share liability. This applies in circumstances, which encompass defective medications.
In case the victim can’t verify from which pharmaceutical companies supplied the medicine he took, each manufacturer will be held responsible based on the percentage of sales in the area where the injury transpired.
Another dispute to the product liability claim is the plaintiff’s definite alteration to the product after it departed the manufacturer’s control. The “alteration” caused the victim’s injury. The insurance company will argue that the victim misused the product in an accidental way and that the product’s misuse caused the injury.
Problems with Your Product Liability Claim? Get Genuine Help From Big Ben Lawyers
If you encounter problems with your product liability claim, don’t hesitate to contact Big Ben Lawyers. Our expert product liability attorney will protect your rights and maximize your compensation.
We’ll help you establish a strong case against the liable party, thanks to our lawyers’ interest and background in Medicine. We are here to help you understand how the legal procedures work for you to make an informed decision.
Big Ben Lawyers work on a contingency fee basis. Schedule a free consultation with us at no charge. Call (818) 423-4878 today and tell us about your case. We want to hear from you so we can help you as soon as possible.