We use several different products every day and confident they are safe to use. When things go wrong accidents may happen. Manufacturers, distributors, and sellers have the responsibility to make sure that the products they sell in the market or online are free from any defects or flaws. When you or a loved one suffers injuries due to product malfunction or design problems, you can file a claim with the help of a top-rated product liability attorney in Glendale.
What is a Product Liability?
It means the liability of any or all those involved along with the consortium of business of any products or merchandise for the damage it caused. When a particular product caused harm or injury, from the manufacturer to the seller who sold the product, they might all become liable under the product liability law.
Product liability is a branch of law that deals with entities’ liability. These involved parties are responsible for putting products into the course of the marketplace. They are accountable for injuries the defective products caused. When you’re unaware of using a malfunctioning product, that eventually caused injuries, gives you the grounds of filing a product liability claim.
Product Liability Attorney in Glendale: What is a Product Liability Claim?
A product liability claim refers to an allegation or cause of action that seeks to acquire compensatory damages from the product manufacturer or distributor. This compensation will make amends for physical injury, physical damage to property, emotional distress, or wrongful death.
Recoverable Damages in Product Liability Claim
When you suffered injuries or incurred losses due to a defective product gives you the right to file for a product liability claim. The top-rated product liability attorney in Glendale will evaluate your case and estimate your recoverable damages.
Compensatory damages help the injured victims to become “whole” again. It comes in two types – Economic and Non-economic.
Also called special damages, economic damages intend to compensate victims for their financial losses or property destruction because of a defective product. Common examples include:
- Past, ongoing, and future expenses
- Hospital bills
- Doctor’s bills
- Prescription costs
- Physical therapy costs
- Car or appliance repair
- House repair or renovation
- Past and future salaries
- This should quantify for lost time at work
Incapacity to earn
- The victim can no longer get back to work due to impairment
- The victim developed a brain injury
This kind of compensatory damage is difficult to quantify and usually known as “general damages.” Pain and suffering are some of the many types of non-economic damages. It includes a lasting decline in the victim’s quality of life. Settlements and court awards are challenging to foresee.
Loss of society or loss of consortium also falls under non-economic damages. It involves detriment to a couple’s sexual relationship, which can cause reduce affection, and intimacy.
Types of Product Liability Laws in California
California has stipulated product liability laws into three categories. This allows product liability attorneys in Glendale to build a case for injured victims against the defendants. These are:
Strict Products Liability
Under this category falls three subcategories – design defect, insufficient caution, and manufacturing defect.
You can say that a certain product has a design defect when it’s not properly designed, Likewise if the product doesn’t provide any label warnings to make the consumers aware of the risks of using it. Another thing is, the product itself has no instructions regarding its proper use.
There’s insufficient caution when products have no proper labeling. It means consumers have no idea about the underlying dangers of using a specific product. It could result in unwanted accidents because of the product’s lack of precautionary measures. One example is prescribing medicine to a patient without informing them of its possible side effects.
Manufacturing defects usually happen during product manufacture. Typically, it’s the result of either using materials of poor quality or from low-grade proficiency. In this case, the imperfection occurs during the manufacturing stage.
Proving negligence in front of the jury needs to provide evidence of the manufacturer’s failure to implement the proper standard of care and:
- Owed consumers a duty of care
- Breached that duty that’s bound to the consumer
- The breach led to the consumer’s injury or death
BREACH of WARRANTY
Warranties work as an expressed concept regarding the product’s quality. If the quality is subordinate to what the warranty indicates, the seller may be held liable for a breach of that warranty. If no written accompanied the product, there’s an assumed warranty assuring that the specific sold product is in good working condition and will operate as described.
Were You Injured Due to a Faulty Product?
Manufacturers and sellers need to make sure that the manufactured product before being sold needs to be free from imperfection. This will prevent any minor to serious accidents that can cause injuries or people’s lives. Talking to the Benjamin Law Firm’s knowledgeable product liability attorney in Glendale will help you file a claim if necessary.
Call us at 818-423-4878 and let’s talk about your case at no obligation.