Product liability are causes of actions, where someone designs, manufactures or sells a defective product and someone else suffers injuries as a result of that defective product. A person seeking to recover damages for injuries caused by a defective product generally may assert claims under (a) strict products liability, (b) negligence and (c) breach of warranty.
If you have been injured or suffered damages of any kind as a result of a dangerous or defective product, you may be entitled to compensation. Here are some quick facts you should know:
If you were injured by a product due to a defect or the manufacturer’s failure to warn about a hazard, you may be entitled to recover damages from the product’s manufacturer.
Products liability is a complex area of law that requires the skill and knowledge of an experienced products liability lawyer.
You don’t need to wait until a product is recalled or a class action lawsuit is filed to take action against a manufacturer for a product that injured you or a loved one.
Contact our team of experienced product liability lawyers in Costa Mesa today at (949) 541-9944 for a complimentary consultation of your case.
Every year, numerous consumers are injured by products that they may never have ever regarded as “dangerous”. If you find yourself in this situation, it can sometimes be confusing to discern exactly how or why your injuries occurred. If you suspect that the product that injured you is defective or is dangerous in a way that was not warned of in its packaging or on the product itself, it is time to gather information and pursue answers and recourse.
There are three main types of product liability claims and all apply a legal standard of strict liability. Strict liability means that the manufacturer of the product will be held liable for damages caused by their product, whether or not the existence of the defect or failure to warn was intentional, reckless, knowing, or negligent.
Design Defect – In a design defect case, the plaintiff argues that the product was dangerous from the moment it was created, not because of any error in the manufacturing process but because the design itself made the product dangerous. This type of product liability claim typically affects numerous people, as most products are mass produced in a factory assembly line. Therefore, if a dangerous design makes a product unsafe, every consumer that purchased that product may be exposed to the danger.
Manufacturing Defect – In a manufacturing defect claim, the plaintiff is not arguing that the design of the product itself contained a defect, but rather that some error or problem that occurred during the manufacturing process caused the product to be manufactured with a defect that makes it dangerous or a defect that happened to have caused the plaintiff’s injury.
Failure to Warn – A failure to warn claim may arise when a manufacturer fails to warn consumers of a known dangerous condition of a product. This type of claim is not necessarily more complex than the aforementioned types of product liability claims, but it is the only type of product liability claim that requires the plaintiff to prove that the manufacturer knew about a problem (a dangerous condition) and did not take action.
If a product injures you or a loved one, the specific cause or defect might be immediately discernible to you, but it might not be. In a product liability case, expert opinions play a huge role in your ability to recover compensation. Experts are indispensable at product liability trials to explain to the judge and jury that a product contained a defect, how they know that, why it was dangerous, and how the defect caused the plaintiff’s injuries.
Experts can also play an important role in helping to determine whether a product liability claim should be brought against the manufacturer in the first place. By examining the product, an expert who understands its design and construction can help to inform an injured party and their legal counsel about the strength of the claim.
With this information, an experienced Costa Mesa defective product attorney lawyer at Hicks Law Firm can inform you whether you are likely to be successful in a product liability lawsuit and about all of your options.
If you or a loved one were injured by a defective or dangerous product, you might be entitled to compensation from the product’s manufacturer.
At Hicks Law Firm, we have helped numerous consumers recover the compensation they are entitled to. We are paid on a contingency fee basis, so you don’t pay us unless we win your case. Call 949-541-9944 or fill out our online contact form so we may discuss your case.