It’s not a surprise that mistakes happen in a country that runs on consumer goods. Federal laws that regulate the production and distribution of goods aren’t always enough to ensure product safety in the hands of consumers. Over the years, buyers have suffered thousands of illnesses, severe injuries, and wrongful death due to defective products. If you or someone you love has been injured by a defective or dangerous product, contact a Burbank product liability attorney at the Compass Law Group for a free consultation.
When a manufacturer or seller is held liable for producing or distributing a defective or dangerous product, it’s referred to as product liability. Product liability laws differ from general personal injury law, so finding a Burbank product liability attorney is the key to a successful claim. Product liability doesn’t rely on federal law. Instead, states each have their own set of consumer protections that cover breach of warranty, strict liability, and negligence of sellers and manufacturers.
Product liability lawsuits in California can be based on two specific legal theories – strict liability or negligence. To sue on the grounds of negligence, the plaintiff must prove the defendant was negligent in the manufacture or creation of the defective product. Any act or failure to act by a company or individual that causes them to breach his required duties of care to his consumers is considered negligence. As an example, a company may have been negligent in its safety protocols, manufacturing regulations, or training procedures, leading to a defective product.
Laws for strict liability let a plaintiff sue for damages without proving manufacturer negligence. If the defective product has any of the following defects, the defendant will still be liable: marketing defects, manufacturing errors, or design flaws. Design flaws are mistakes that lead the design of an item to cause harm to the customer. For example, an electronic toy that catches fire in direct sunlight.
When a company fails to warn consumers of any known hazards, it is considered a marketing defect. A company has a duty to warn consumers if they know of any hazards posed by the item or if they reasonably should have known it would cause harm.
Mistakes that make an item dangerous when it should otherwise be safe are manufacturing errors. A swing with a missing link after its creation would be a good example. Manufacturing mistakes can create a dangerously harmful product. Strict liability laws were put in place to protect customers from dangerous and defective goods.
If you or a loved one have been injured by a defective medication, medical device, vehicle part, toy, consumer good, or household appliance, you are not alone. Over the years, the sale of dangerous and defective items has led to thousands of lawsuits against manufacturers. You may be eligible to receive compensation for your injuries from the party that sold or manufactured the defective product.
The Burbank product liability attorney team at the Compass Law Group has years of experience fighting manufacturers and vendors who knowingly sell defective products to consumers. Let us get you the justice and the money that you deserve. Call us today at 800-602-4010, day or night, to schedule a free initial consultation.
Hiring the right personal injury attorney can often make the difference between getting the maximum settlement to account for your medical care, damages and lost wages or getting short changed or even having your case dismissed completely.
Have you been injured an accident due to the negligence of others? Contact the Los Angeles personal injury attorneys at the Compass Law Group, PC because finding direction after an accident means having a great Compass on hand.