The legal term “product liability” refers to the accountability of a liable party responsible for the production or the manufacturing of certain goods for any harm or damage brought with them. An individual can file a product liability claim if he or she gets injured because of using a defective product. He or she is entitled to recover monetary compensation from the liable party, which could be any the manufacturer of the product, the manufacturer of the product’s parts, or the wholesaler and/or retailer of that product. To further establish a claim against any of the potential liable parties, the victim should first consult with top California product liability lawyers.
Understanding product liability claims
Claims of product liability are typically broad, but they primarily fall into these three categories, namely defective manufactured products, defectively designed products, and products without adequate warnings or instructions. Here is the definition of each, as explained by experienced product liability lawyers in California:
· Defectively manufactured product claims are the most common type of product liability claims. Such claims stem from injuries due to a defective product unit that was left out to be sold with the other units with no defects right after they have been produced at the assembly line. As a result, that product which is somehow different from all the other ones could potentially injure someone. A common problem that can be described as a manufacturing defect is a wrong installation of an important product part. A swing set with a cracked chain or a teapot with a hairline crack is an example of a manufacturer defect.
· Defectively designed product claims stem from injuries caused by products in which their designs are unreasonably dangerous and are made in poor quality. Although a certain product is produced in accordance with the manufacturer’s specifications, a few units of such could turn out to be dangerous upon release to the market. A specific car model that has a tendency to flip over while turning a corner is an example of a design defect. At the expense of the car company, all units of that car model that had been released to the market has to be recalled if it has been found that a single unit has a design defect.
· Another type of product liability claim involves the failure of the manufacturer, wholesaler, or retailer to provide sufficient warnings or instructions about a certain product’s proper use. When a product is dangerous in some way but it is not obvious to the user, and he or she gets injured by it, then he or she can file a failure-to-warn product liability claim.
Proving your product liability claim
If you have been injured because of a defective product, then it would be in your best interest to seek the expertise of a California product liability attorney from a seasoned personal injury law firm. Through the assistance of your lawyer, you will be able to receive a complete and maximum amount of compensation for the injuries and damages you incurred as a result of your use of the defective product. However, in order for you to be compensated fully, and in accordance with the product liability laws, your claim must have these important elements:
· The product is “unreasonably dangerous”;
· The defective product caused your injury and/or suffered losses because of it;
· You were using the product as it was intended; and
· The product did not suffer any substantial changes from the product’s condition at the time of its release to the market.
It is also important that you look for a Los Angeles product liability attorney with a talented and seasoned pool of the best product liability lawyers in California who can determine who is truly liable for your injuries. Generally, the other party that could possibly be held liable for your injuries and damages is any of the entities involved in the chain of distribution, from the manufacturer to the wholesaler or retailer. It is worth noting that the liable party in your claim may include more than one defendant. Likewise, it is imperative that you hire product liability lawyers in California who can preserve pieces of evidence and obtain reports from witnesses who saw the accident. These will help determine the amount of compensation you will be entitled to receive, as well obtain the best favorable result in your claim.