Defective Lift GatesA product can be defective in a number of ways. There are three different ways a product can be defective 1) by design; 2) manufacturers defect; or 3) failure to warn defect.
Design DefectsThis refers to the overall design of the product. Products are considered defectively designed when the prototype used is inherently defective. What this means is that the manufacturer failed to produce the product properly. When a product is defectively designed it applies to all similar products that share the design. Determining whether the product is defectively designed requires expert analysis and discovery of corporate records. Often times there is internal memos which show that the manufacturer was aware of the defect, but failed to do anything about it.
Manufacturers DefectManufacturer defects, unlike design defects do not apply to all products. Manufacturer defects can apply to only one particular product designed by the manufacturer, or to all products designed by the manufacturer. A product can be manufactured with a defect because of human or machine error. For example if an employee fails to properly assemble a product in the manufacturing process it can be considered a manufacturing defect.
Failure to Warn DefectFailure to warn defects apply when the manufacturer fails to warn of foreseeable uses of the product. For example if they fail to warn of dangers resulting from the use of the product, they will be considered liable. Each of the above issues need to be evaluated thoroughly before determining which one is most applicable.
Liability for Injuries – Filing a Personal Injury Lawsuits for my InjuriesWho is liable for your injuries? In any defective product case you can hold liable all commercial suppliers in the chain of distribution. This includes, distributors, wholesalers and retailers. California law does not require a showing of knowledge. You are not needed to show that the manufacturer or retailer had knowledge of the defect before the injury.
Rental Company LiabilityLift gates are often found on commercial trucks. Most times these trucks or vehicles are rented from companies such as U-Haul, Budget or other companies. When the rental agency or company fails to properly maintain the lift gates on trucks they will be held liable. Rental companies are charged with a duty to maintain the trucks in their possession. After a truck is returned to them, they are required to make reasonable inspections. This will likely include testing the lift gate and determining whether it is defective.
Common Injuries caused by Lift-gate AccidentsInjuries from mechanical lifts can be moderate to severe. A common list of injuries includes the following:
- Bone fracture
- Skull fracture
- Traumatic brain injuries
- Broken nose
- Severe hand injuries