Injuries resulting from a defective tire replacement machine
can be devastating. These machines can used pressurized devices which if defective can cause injuries. Usually injured parties are made to feel as if they were at fault for the injuries. This should not be the case. You should not be made responsible for suffering harm from a defective product. Rather the manufacturer, distributor and reseller of the product should be held responsible. Speaking with a defective product lawyer can help you better understand your rights. An attorney will be able to give you the breakdown of liability as well as other important information. If you have been injured from a tire mounting device
, including industrial devices or a defective jack stand, contact a Downtown L.A. Law.
Defective Jack Stands -Product Liability Lawsuit for Dangerous Auto Jack Stands
Jack stands which are defective can be dangerous. These products hold up heavy vehicles and when they fail the injured party suffers serious injuries. Recent court cases have awarded compensation for such injuries. In one such case a Naval Officer died as a result of using a defective three-legged jack stand. Injuries occurred after the jack stand collapsed under the weight of the plaintiffs vehicle, causing death.
How do you determine if a product is defective:
The simple answer is if it fails to work in the manner for which it was intended. However, to prove a product is defective, the use of experts is required. Such experts determine all types of different facts, including the type of metal used, manufacturing process and design process. Products are generally considered defective for several reasons (i) defective design; (ii) defective manufacturing process; or (iii) inadequate labeling.
Design and Manufacturing Defect
: A product is defectively designed if the manufacturer improperly designed the product. With respect to jack stands, if the product was designed deficiently liability can be imposed on the manufacturer. Manufacturing design exist where the product that came off of the manufacturers floor was defective due to some type of manufacturing flaw.
: Products can also be defective because of a improperly placed label. For example if the product is states that it has a weight capacity of 5,000 LB and it can only hold 2,000 LB, then it can be inadequate labeling. Or if it does not state conditions or places of use it can be considered a inadequate label.
Liability for Defective Jack Stand – Who can be held liable for a defective jack stand injury or death
California law holds all sellers of a defective product liable. What this means is that anyone who is engaged in the sale of such products in the course of their business is held liable. This will not apply if you purchased a jack stand from your friend. However, it will apply if you purchased a jack stand from a retailer. Even if the retailer was an online retailer such amazon.com or e-bay.com.
All commercial suppliers including, wholesalers, retailers, manufacturers and distributors are liable. This allows for your attorney to maximize recovery for your injuries. But it is likely that when you file suit against a manufacturer that they will put up serious defense. Manufacturers want to avoid liability cases at all cost. It makes more sense for them to fight these claims, then to admit liability and compensate you for your injuries. That is why you need a qualified lawyer, who will fight for your injuries. Knowing the different product liability theories is important. If you have been injured as a result of a defective jack stand contact Downtown L.A. Law today for a free consultation.
After Your Accident Tips – What to do after you have been injured due to a Jack Stand fall
If you or your loved ones have been injured in any product defect accident here are some valuable tips to keep in mind.
Common Injuries caused by jack stand malfunctions
- Do not tamper with the product. Keep it in the same condition as it was after the accident. If you tamper with the evidence it can seriously impact the condition of your case.
- Seek medical attention. Speak to a medical professional in order to better determine the extent of your injuries.
- Discuss your case with an attorney. Your attorney can guide you in the best direction with regards to your case and help understand whether injuries resulted from a defective product.
- Do not speak with an insurance company. Your statements can be used against you to minimize any potential reward or recovery.
Injuries resulting from a defective jack stand can be any of the following:
- Broken bones;
- Dental damage;
- Traumatic brain injuries;
- Optical injuries;
- Neck injuries;
- Chest injuries;
- Broken ribs;
- Damage vocal cords.
Wrongful Death Lawsuits:
If your loved one has been killed you may have a wrongful death cause of action. Click here to learn more about wrongful death claims
Who can bring a Wrongful Death Claim in California:
The state of California allows any blood relative or spouse to bring a wrongful death cause of action. California wrongful death statutes reads, “
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. Click here for more information on Wrongful death claims in California
Downtown L.A. Law defective jack attorneys can help you with your case. Our product liability attorney can help you with your case.