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Who Can Be at Fault for a Defective Product?
If you’ve been injured as a result of a defective product, the responsibility lies in the hands of the manufacturer and anyone involved in its production. This can be anyone involved in the supply chain.
- The company who manufactured the parts to make the product
- Assembly Manufacturers
- Retail Company where you purchased the item
Defective products can harm you or a family member, including your child. It doesn’t matter whether the item was loaned out to someone or if it was for your own personal use.
A defective product is a defective product!
When you buy it, you expect it to work, and you expect it to be safe!
The definition of a “product” mostly refers to tangible personal items you own, such as an appliance like a microwave. However, a product can also be something intangible such as a home (real estate), chemicals like gas, and even pets, like a dog. A product liability attorney can help you determine whether the object in question fits under this definition of the law.
When you purchase a product, you automatically assume certain rights.
The Right to be Safe!
When you buy an item, you expect it to be safe. This is absolutely fundamental. It is up to the company to ensure that their goods meet all safety standards before they deliver them for sale.
The pharmaceutical industry is massive, and unfortunately, they don’t always have your safety in mind. If you or someone close to you depends on a medication to keep you healthy, the last thing you want is to be sicker from a defective and dangerous drug. Drug companies have a strict set of rules and procedures they must follow, including thorough research and testing before they can be approved by the Food and Drug Administration. A dangerous drug can complicate the medical condition it was supposed to treat and even cause death.
Design defects can be deceiving. An item you use may work and feel safe at first. However, over time as you use the product more and more, it malfunctions in a way that harms you.
This is not normal wear and tear. A properly designed product might become less useful over time, but it should never harm you. A defective product can cause severe injuries and even death. If you’re a victim from a poorly made product, someone needs to be held responsible for its flawed design.
Product Liability Claims
If you file a product liability claim, you can file through several methods: strict liability, negligence, and breach of warranty. How you file depends on the jurisdiction where you make a claim. There is no Federal standard for product liability.
Filing a Claim through Strict Liability
This is the most common form of filing a claim. Under strict liability, you as a defendant must only prove that the product you bought was defective and caused you injury.
Filing a Claim through Negligence
In this situation, a defendant must prove that the manufacturer or designer’s carelessness led to a defective and dangerous product that harmed you.
Filing a Claim through Breach of Warranty
When you purchase a product, it assumes some form of warranty. A warranty can be express or implied. Express means that the company who produced it or sold it directly asserted the product’s safety. Implied means that the product, when used as directed, should not cause any harm.
A breach occurs when a product’s inadequacies violate the company’s claim about its safety or when a product causes injury to someone even though it was used according to the product’s guidelines.
Product Liability Cases and Lawsuits
A product liability lawsuit can be against the manufacturer, distributor, or wholesaler, depending on who is responsible for the defect.
A defective product can be the result of bad manufacturing or bad design. A manufacturing defect occurs when an item is improperly assembled. A design defect happens with an error in the product’s blueprint.
It might not be apparent to you if the product that caused your injury was a result of poor design or manufacturing mistake. An attorney who specializes in product liability would carry out a thorough investigation to determine the cause and determine legal action against the appropriate party.
Failure to Warn the Consumer
Not every product is 100% safe, even if used correctly. The potential for an accident can occur at any time. For example, most of us are familiar with the idea that electrical devices and water don’t mix. However, that doesn’t mean that someone can’t accidentally drop a hair dryer in the bathtub. Even though this might seem like common knowledge, a company still has the responsibility to let the consumer know about a product’s potential risks and hazards in its packaging.
If a company fails to inform you about the risks and hazards, you can file a lawsuit against them for breach of contract.
How We Can Help as your Pasadena Product Liability Attorney
If you’re reading this, it’s very likely you or someone you care about was hurt by a defective product. Our law offices are dedicated to seeking justice on your behalf by getting you the compensation you rightfully deserve, including:
- Medical Bills
- Future Medical Costs
- Rehabilitation Costs
- Loss of Enjoyment of Life
- Lost time from Work
- Pain and Suffering
- Any related expenses
We understand that you may feel intimidated going up against a large company on your own. This is why you have us on your side. Our product liability attorneys are your advocates and defenders. We will listen to you with compassion and give you our expert recommendations. Don’t wait any longer.
Contact us today for a completely free and confidential consultation.