Los Angeles Hazardous Products / Product Liability Law Firm
Defective and unsafe products fall under the legal scope of product liability. The manufacturers, wholesalers, and retailers of defective products can potentially be held liable for the damages caused from the use of these defective products. Los Angeles product liability attorneys assume the responsibility of holding these businesses accountable. Products liability includes food, drugs, and real estate in addition to most consumer products. The injured party who seeks damages does not need to be the owner or original purchaser of the product nor does the injured party have to prove negligence in many cases. Product liability falls under the legal realm of strict liability. Strict liability means that if a product is defective and caused injury, the injured party may sue for damages as long as the product was used for its intended purpose, and the product was not significantly altered from its original condition.
If the injured party was using the product in a fashion for which the product was not intended, or the product was altered so the safety features were disabled, successfully proving that the defective product caused the injury may not be possible. The defendant could successfully claim that the injuries were caused by the acts of the plaintiff.
Individuals and businesses can claim damages if there is a question of negligence or breach of warranty. In a negligence suit, the plaintiff will be successful if, with the help of a Los Angeles product liability lawyer, he/she can demonstrated that a company was negligent in adequately testing its product or providing sufficient directions for its use. A manufacturer implies a warranty for fitness of use and freedom from defect when an item is sold. A product liability case is viable if an item proves to be defective or is unfit for the intended purpose.
While trying to prove negligence, it is important that the plaintiff show that the product was defective when it left the control of the party the plaintiff is suing. It is impossible for someone to be liable for a defect that occurred after that party had control over the product.
If a strict liability claim is to be pursued, the plaintiff must show the product as unreasonably dangerous for its intended use, due to a defect. There are three main areas in which a product can be considered unreasonably dangerous.
- Manufacturer or seller can fail to warn about the dangers associated with the products use. Manufacturers and sellers are expected to give adequate warnings about possible dangers. Manufacturers and sellers are to provide clear and adequate instructions of use. Failure to provide these items can result in a useful product becoming deadly.
For example, failure to disclose a warning about small pieces that come with a children’s toy warning a parent of a choking hazard could become deadly.
- Products may have design defects. Design defects occur when the product is manufactured with a defect, even if assembled perfectly.
An example could be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to burst into flames, even though the tank is correctly assembled and installed.
- A manufacturing defect exists when a safe product is rendered dangerous due to assembly error.
For example a car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring or even killing the driver, passengers, and anyone sharing the road. If the plaintiff can prove that the car was assembled incorrectly, the manufacturer may be liable.
In all cases of product liability, it is imperative that the product be preserved and that all paperwork showing the origin of the product be made available to warrant the desired outcome of the case. Receipts showing purchase, any repair records, etc., can be vital to building a successful case. Equally important is contacting a Los Angeles product liability attorney to handle your case.
If you or someone you love is in need of legal assistance, call Sheridan & Rund at 1-310-640-1200, toll free at 1-888-640-6789 or submit an online questionnaire. Our initial Hazardous products and products liability consultation is absolutely free, and if our firm agrees to handle your case, our Los Angeles hazardous materials attorneys, or our products liability attorneys will work on a contingency fee basis, meaning we get paid for our services only if there is a monetary recovery of funds. You pay nothing out of pocket until our firm retrieves the compensation you deserve. It is imperative you contact our firm today because a lawsuit must be filed before the legal expiration date known as the statute of limitations. Please call Los Angeles attorneys Sheridan & Rund immediately to ensure you are rightfully compensated the money you deserve.
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