Understanding Product Liability Laws And How A Product Liability Attorney Can Help
As a consumer, when we buy a product we have an expectation that the product is fit for the purpose that it was intended and that it functions correctly. When it does not and an injury occurs because of it, then you are fully entitled to file a personal injury claim under product liability. But what exactly is product liability and how does it work? A team of Los Angeles product liability lawyers explain:
In essence product liability is a set of rules and regulations which hold designers, manufacturers, wholesalers and retailers responsible for any illness or injury that a faulty product may indeed inflict upon a person. There are in effect three main types of product defect and they are failure to warn defects, manufacturing defects and design defects.
These are flaws in a product that have occurred at the design stage and even at the highest standards of manufacturing they cannot be rectified.
These flaws obviously occur at the manufacturing stage and could be through using inferior materials, bad workmanship, or poor assembly.
Failure to warn
In a dangerous product such as a chainsaw you would expect there to be some sort of safety handling instructions regarding correct procedures for use. These can be either printed on the box or come in a booklet form inside the product packaging. When these instructions aren’t present and an accident occurs then the manufacturer may well be held liable.
Within this remit there are also four types of claim that a Los Angeles product liability attorney can file under and these are as follows:
This is when a manufacturer is proven to be negligent in their duties to provide a safe and fully functioning product. In order to prove this the attorney must show that the manufacturer had a duty of responsibility to the plaintiff, and that the duty of responsibility was indeed breached and that the breach of duty directly caused the injury to the claimant.
California operates a strict liability policy which makes the manufacturers responsible for any injuries caused to consumers even if they were not in any way negligent during the entire process of manufacture.
Breach of warranty
This is when a product fails to live up to the expectations on the warranty, whether it was implied or written, and an accident occurred. When this happens a claim can be made
Consumer protection claims
These laws cover a wide area and are there to protect consumers from faulty products in any way other than listed above. They are mainly put in place to protect consumers from economic losses due to faulty produce.
As you can see, product liability is a fairly complex process and a highly efficient team of LA product liability lawyers will be able to help if you have been injured when or after using a product. They can offer a free, no obligation consultation whereby they will talk with the injured party and from this will gauge as to whether the victim has a case to answer. Also any attorney who is good at their job will be able to answer any questions or concerns that you may have about the pending claim.
If further investigation is needed in order to pinpoint where the negligence lay, a team of Los Angeles product liability lawyers with a proven track record will be able to call upon the services of a number of independent experts who can help to investigate the claim. Professionals such as specialist equipment experts, design and manufacturing experts and medical examiners can all be called upon to present their findings back to the representing lawyer. From this a skilled lawyer will have a clearer picture of who is to blame for the accident and what route to take.
The right lawyer can deliver a full and fair compensation package that befits the plaintiff and will do this as quickly and efficiently as possible so as not to burden them with financial worries as well as having the worry of getting better. They will act with compassion when dealing with any claimant, but alternatively a good lawyer will also pursue such a case vigorously in order to determine the right outcome for their client every single time.