From the minute you buy a product, there is an expectation that the product shall operate as intended without harm or injury to anyone. Once again, this is not the case all the time. Injuries inflicted by defective products may be instantaneous and torturous, leading to much physical, emotional, and financial chaos. Hence, there might arise the necessity of consulting with a Los Angeles product liability attorney. Here are the elements of a product liability claim and how an experienced lawyer would benefit you.
Read about a common type of personal injury cases here>>
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What Is a Product Liability Claim?
A product liability claim means taking legal action against the manufacturer, distributor, or retailer of the defective product that caused harm. Such claims hold negligent parties responsible and, more importantly, prevent other future injuries through ensuring that companies now give greater priority to the safety of their products. These laws protect consumers from hazardous products, whether they are common household items, engine parts, pharmaceutical drugs, or industrial machinery.
Even if no amount of money can take away the pain of injury, the law at least offers a chance to a victim who wishes to seek justice and compensation. California, including Los Angeles, is among the most consumer-friendly states when it comes to product liability law.
The state operates under strict liability, which means that a plaintiff is not required to prove that a manufacturer or seller is negligent; only that the product was defective and caused harm. This peculiarity could shorten the proceedings, but still, there are some essential elements that must be proved for a person to win such a claim.
Why is A Product Liability Claim Important?
There are more considerations beyond compensating a victim in a product liability claim. The claims also push corporations to commit themselves to the safety of their products, thereby promoting innovation and quality control. They prevent unsafe products from being available on the market, thereby potentially saving lives.
That being said, there are a few variations for product liability claims and how California’s laws protect injured consumers.
Available Types of Product Liability Claims in Los Angeles
Three main types of product liability claims can be pursued by city residents:
1. Manufacturing Defects
Manufacturing defects arise when a product is poorly assembled so that the assembly stands away from the original design intent. There exists an assembly conducive to safe design; production process errors create hazards in some specific batches or units.
So, for example, you buy a ladder with loose bolts because of poor assembly at the factory. If the bolts give way to cause an accidental fall, this adds weight to a claim of a manufacturing defect.
2. Design Defects
The design defect had at its base an unsafe design for a product; hence, every piece produced would also constitute a danger, even though each may have been produced correctly. Such cases would invariably require proof that there was a safer design.
For example, having the gas tank poorly located in a car may make it more prone to explosion in the event of a rear-end collision. If the manufacturer had chosen a safer design, then the victim may have had a valid design defect claim.
3. Failure to Warn (Marketing Defects)
Failure to warn is another name for a marketing defect, addressing insufficient instructions or warnings regarding a product’s danger. This applies to products that could harm a user if misused—even though the design and manufacture are perfect in every respect. The classic case would be a prescription drug causing a side effect, although the packaging does not provide adequate warning to the user about it.
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How Can a Product Liability Claim Lawyer Help You?
A product liability claim in Los Angeles can be hard going indeed. It is extremely overwhelming for laypersons to navigate the legal system, and many large corporations come with their own squads of lawyers determined to limit their liability. An experienced product liability lawyer puts the balance back in your favor.
1. Investigating Your Case
Your lawyer will investigate thoroughly to uncover defects, gather evidence, and determine liability. This involves consulting experts, conducting product tests, or investigating company documents.
2. Handling Legal Requirements
All attorneys ensure that your claim conforms to California’s legal norms, which include filing the claim within the statute of limitations, which usually lasts for two years from the date of the injury.
3. Maximize Your Compensation
The lawyers will work toward recovering the full spectrum of damages that you deserve: medical expenses, lost wages, pain, and suffering.
4. Against the Corporations
Big manufacturers usually have a lot of resources to go after such claims. An experienced product liability claim attorney knows how to go against corporations, build strong cases, negotiate fair settlements, and represent you in court if settlement negotiations fail.
Guidelines for Action Following a Product Accident
Here is a stepwise guide for what to do in case of any damage done to you by a product:
1. See a Doctor
You should put your health and safety first. Even if your injuries seem minor at first, seek medical assistance as soon as possible. In your case, there should be a medical record of your injuries.
2. Secure the Evidence and the Product
Keep the defective product with the packaging, any manuals, or receipts. Avoid attempting any repair or modification to the product, or you would be complicating your own case. If you can, take pictures or videos of the defect, showing how it caused your injury.
3. Document Your Injuries and Damages
Documenting your injury and damages helps in developing your case. Take photographs of the injuries in great detail and keep track of symptoms, levels of pain, and progress of recovery.
In addition, collect invoices/receipts of medical charges, loss of pay, and other financial losses pertaining to the injury.
4. Find Victims/Other Witnesses
If it was public or involved others, get some contact information. Witnesses can provide some important testimonies that support your claim. Your lawyer can also check whether similar issues were reported by other consumers; if so, that would strengthen your case.
5. Avoid Talking to Insurance or Company Representatives
After filing an injury report or complaint, do not speak with anyone from the product’s manufacturer, seller, or their insurance representatives before consulting with legal counsel. These parties may coax you into admitting to partial blame or settling for a fraction of the damages you deserve.
6. Seek Help from a Competent Product Liability Claim Lawyer
Try to contact a reputable product liability lawyer as soon as you can. An attorney can evaluate your case, walk you through the legal system, and file all necessary paperwork within applicable deadlines.
Following the above instructions and working out a strategy with your attorney will maximize your chances of obtaining some compensation for your injuries.
Final Thought!
When you are injured by a defective product, you do not need to face this legal battle alone. We will be with you at every step, fighting for your rights. Call us today or contact Tenina Law’s team for your free consultation. Tenina Law has gained a reputation for being a staunch advocate for injury victims. Our attorneys have vast experience in product liability claims; offer personalized services to each client; and work on a contingency basis, meaning that you only pay fees for our services if we recover for you.
