When you purchase a product, you have the right to expect that it will work safely and as intended. Unfortunately, there are times when products fail to live up to these expectations and cause injuries. If you have been injured by a defective or dangerous product, you may be able to file a product liability claim.
If you have been injured by a defective product, it is important to speak with an experienced product liability attorney who can help you navigate the legal process and recover the compensation you deserve.
Call us today at (805) 628-4967 to discuss your options with an attorney.
The Three Main Aspects of Product Liability Cases
Product liability cases usually involve one of three main aspects: design defects, manufacturing defects, or problems with marketing or labeling. Design defects are inherent in the product itself, while manufacturing defects occur during the production process. Marketing or labeling problems may occur when a company fails to warn consumers about potential dangers associated with using a product. In some cases, all three types of issues may be present in a single case.
Design Defect
A design defect, also known as a latent defect, is a flaw in the design of a product that makes it unsafe for use. Design defects can occur in any type of product, from cars to toys to clothing. They can be caused by a number of factors, including poor design, inadequate testing, and manufacturing errors.
Design defects can result in a wide range of accidents, from fires and explosions to serious injuries and even death. In order to ensure the safety of consumers, it is essential that products are designed and manufactured carefully and thoroughly tested before they are put on the market.
If a design defect is discovered after a product has been released, it should be immediately recalled to prevent further accidents from occurring.
Manufacturing Defect
A manufacturing defect is a flaw that is present in a product when it leaves the factory. These defects can range from minor cosmetic flaws to serious safety hazards. In some cases, manufacturing defects are the result of poor quality control, while in others they may be due to problems with the manufacturing process itself.
Failure to Warn
One type of product liability claim is known as a "failure to warn" claim. These claims arise when a product does not have adequate warnings or instructions, and as a result, someone is injured. For example, if a power tool does not have a warning about the risk of kickback, and someone is injured as a result, the company may be liable for failure to warn.
Proving a Product Liability Case
Product liability law is complex, but there are three key elements that must be present in order for a claim to be successful. First, the plaintiff must prove that the product was defective. Second, the plaintiff must prove that the defect was the cause of their injury. And third, the plaintiff must prove that they suffered damages as a result of the injury.
Depending on the specifics of the case, different legal standards may apply. For example, when considering a claim based on a design defect, courts will often ask whether the product could have been reasonably safe if manufactured as intended. If not, the manufacturer may be held liable for any injuries that result from using the product.
Product liability law is complex, and it is important to consult with an experienced attorney if you believe you have a case.
Hire a Lawyer to Help You Through the Process
If you have been injured by a defective product, you may be able to file a product liability claim against the manufacturer or other responsible parties. Although you are not required to have an attorney to file a product liability claim, hiring a lawyer can give you a significant advantage.
An experienced lawyer will know how to investigate your case, gather evidence, and build a strong argument on your behalf. In addition, a lawyer can help you navigate the legal system, deal with insurance companies, and protect your rights throughout the claims process. Crane Flores, LLP is here for you every step of the way.