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.
Product Liability Laws in the State of CaliforniaIn 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.
Evidence of a Defective Product AccidentIf 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.
Find out more about how we can help you. CHAT LIVE with a representative now.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.