We trust companies to create a good product that is durable and will last a long time without breaking. But as more and more companies unwisely put profits over quality, mistakes in the manufacturing and production will happen. When consumers are injured using a defective product, we believe it is the corporation that needs to claim product liability and pay for the damages incurred to the victim. A skilled product liability attorney
in Los Angeles can ensure that you get the compensation you deserve. Contact the Downtown LA Law Group for more assistance filing a claim against a negligent company for providing or endorsing a defective product.
What Is Product Liability?
When a product breaks and injures the consumer, who is liable? Product liability refers to holding the company accountable for releasing a dangerous product into the market and into the hands of consumers. There is no federal liability law, so it is crucial that you contact an experienced attorney if you were injured using a product. Without legal counsel, you may not receive a dime for your damages.
– Charter Bus Accident Attorney | Passenger Injury Lawsuit
In order to file a claim for product liability, you must be able to show that there was a design flaw in the product, a manufacturing error in its creation, or a failure to warn about hazards and risks. The design flaw is generally seen in the conceptualization process when a glaring mistake or oversight would prevent the product from working as intended. It is even more dangerous if the item or part is used in conjunction with other items; for example, a poorly designed engine part could interfere with the car as a whole, leading to crashes and accidents.
A manufacturing error is the most common type of defective product. As we know, many products are mass produced, often by machines and automatic devices. These machines generally have a streamlined process of creating the item and applying all the parts, but there are times when products may be skipped over or the machine may temporarily malfunction. This can result in whole batches of the product being improperly crafted and distributed.
– Student Injury – School Liability
There may also be no warnings present on the packaging or on the item itself. Some items pose fire or electrical risks, while others have explicit statements as to how to handle. If there are no such warnings and a user is injured because he was unaware of the limitations, the company can be held at fault.
Product Liability Laws in the State of California
In order to prove product liability in a court of law, a lawyer can either claim negligence or strict liability. To prove negligence, you and your legal team must show that the company was negligent in the creation or manufacture of the product. All companies have a duty of care to the general public; negligence means that the company acted, or failed to act, in a way that caused the company to breach their duty of care. For example, a company that failed to test its product and released it into the market was negligent in its duty of care.
There are four points of negligence that must be met: you were owed a duty of care, the duty of care was breached, the breach of duty led o an accident, the accident caused actual physical injuries. If you were not physically harmed, you won’t be able to pursue compensation for certain damages, since a product liability claim is a personal injury lawsuit. Instead, you will only be able to acquire lost income and property damage expenses.
– College University Liability for Sexual Assault Abuse on Campus
Strict liability involves suing the company without having to prove that the company was negligent in its acts. Even if the company did everything to ensure a safe product, it could still be liable for any unpredictable malfunctions.
Evidence of a Defective Product Accident
If you wish to file a product liability lawsuit, you should have ample evidence and proof. This can include many separate things, but you can ease the process and make it simple by following these steps.
Firstly, you should get medical attention as quickly as possible for your injuries. If you wait too long to get treatment, the insurance agent can claim that you were not hurt in the incident and that you are merely blaming your damages on it. You should not have a large gap between the accident and your treatment. Further, there may be injuries that you do not notice or that may flare up in the future. A doctor can identify these issues and start treating you at once.
– Average Product Liability Settlement
Next, you should refrain from throwing out the product. It is your key piece of evidence, and if you get rid of it, return it, dispose of it, or send it in for a repair, you will have a hard time proving that it was defective and that you were hurt because of the defect.
You should also not try to repair the item yourself. If you do, you may further damage it. Additionally, any alteration to the item can be used as grounds for dismissal by a defendant. The company can say that there is no way of knowing if you caused the defect in the first place from tampering with the item.
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You should keep any and all receipts or proof of purchase documents to establish that you rightfully and lawfully owned and bought the item. It is harder to file a claim if you simply used an item that you did not own or was not meant for you to touch.
You can then acquire other evidence for your damages. This may include photos of your injuries, eyewitness testimony, videos of the product’s defect, pictures of the item, and more. You can file an incident report with the company or simply reach out to alert them to the presence of the defect. They may do some testing and issue a recall if the issue is found in numerous items.
– Defective Climbing Lanyards can result in Injuries and Death
Lastly, it is important that you call an expert product liability attorney in Los Angeles who can handle your case for you. You may not know the first thing about product liability or how to negotiate with an insurance agent. Our lawyers have years of experience litigating such cases, and we promise to assemble your evidence, write your demand letter, and work to bring you every penny you deserve from the responsible business.
Statute of Limitations for Product Liability Cases
Because a product liability claim is a personal injury lawsuit, you have 2 years from the date of the injury to file for damages in California. If you do not file a lawsuit within this 2-year deadline, you will be barred from pursuing future compensation. It is important that you file a claim quickly; the longer you wait, the more likely it is that your crucial evidence will get lost. Bystanders may forget the incident happened and the item could degrade further or become damaged, thus ruining your proof.
There are a few exceptions to this statute of limitations, though. Minors under the age of 18 years old can wait until they turn legal age to sue and the statute would not begin until then, and anyone mentally or physically incapacitated can wait until they return to functional health before they take legal action. Also, if a defendant leaves the state, the statute would be suspended until he returns.
To ensure that you do not miss a deadline for your case, call a qualified product liability lawyer in Los Angeles today.
Product Liability Lawsuit Compensation
Victims of defective products should receive their maximum compensation if they were hurt. A company can be held responsible if it sold items that were defective and caused accidents and injuries to consumers. We will strive to bring you every penny you deserve from a product liability claim, including coverage for the following:
Medical expenses from the past and future for any treatments, medication, physical therapy, and more
Property damage for belongings that were destroyed or must be replaced
Lost income for days you could not work from the past and future, as well as disability pay if you were injured for a long time or permanently
Pain and suffering damages for emotional trauma, PTSD, mental suffering, anxiety, fear, and more
Wrongful death damages if a family member or loved one died because of a defect, such as in vehicles with broken seat belts; these damages can include funeral and burial fees, loss of relations and consortium, pre-death medical bills and pain and suffering, loss of expected savings and inheritance, and more
You should not try to negotiate a deal from the company without the assistance of a lawyer with experience in product liability cases. We can help you win your rightful restitution.
Our Firm’s Goal
The Downtown LA Law Group
seeks to win all cases we are presented. We will work around the clock to negotiate a fair deal and always put our clients first. Our lawyers are aggressive and know the best tactics to success. We pride ourselves on following through with all clients and will go to court if we have to in order to win you the money you need.
Call us at (888) 649-7166
for a free legal consultation with a representative. You can ask us anything you wish and we’ll tell you what we believe we can win for you. We’ll also tell you more about our zero fee guarantee, which states that you won’t have to touch your own bank account during the case. We’ll cover the legal expenses ourselves and will only get paid if we win. If we lose, we take no money at all.
Don’t hesitate to get started on your product liability claim
with the help of the Downtown LA Law Group