If you or someone in your family has been injured by a defective product, there are several parties who might be liable for the resulting medical bills, pain and suffering, and other damages. Depending on the circumstances, you might have grounds for a claim against the product designer, manufacturer, distributor, retailer, or any other party that played a role in the development or distribution of the product.Let’s take a closer look at the circumstances when each of these parties might be liable for injuries caused by a product defect:1. The Product DesignerThe designer of the product may be liable if one of the following is true: The risks posed by the design outweigh its … [Read more...]
What Does “Strict Liability” Mean?
Most personal injury claims are founded on the basis of negligence, which means the tortfeasor breached a duty of care owed to the claimant, resulting in his or her injury or loss. But when strict liability applies, proving the defendant was negligent is not a prerequisite to recovering damages. In the state of California, strict liability applies to certain product liability and dog bite cases.Strict Liability in Product Liability CasesA product defect can arise at any stage of the design, manufacturing, or distribution process. Although you may not have to prove negligence to prevail in a product liability claim, you still have to prove how the defect occurred in order to identify the … [Read more...]
Umbrella Coverage: A Potential Source of Recovery in Tort Claims
Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc.In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held responsible for serious injuries, property damage, and/or other losses that are not fully covered by their other policies.For example, if you were hurt in a car accident but the at-fault driver’s auto … [Read more...]
Why Secrecy is Dangerous in Product Defect Cases: A Guide for Injured Victims
Why Secrecy is Dangerous in Product Defect Cases: A guide for Injured Victims by Michael Waks Product defects can cause serious injuries or fatalities. Defects are common in motor vehicles, car seats, drugs, medical devices, and other consumer products. Learn more about product defect cases in California in this presentation. … [Read more...]
The Danger of Secrecy in Defective Product Cases
When a company makes a defective product, it should be held accountable for the resulting damages. It should also recall the product once the defect becomes apparent, removing it from the shelves before more people get hurt. Unfortunately, in my years as a personal injury attorney, I have seen companies wait to recall products or not pull dangerous products from shelves at all.When these companies are sued, they often make confidentiality a condition of the settlement. This type of court secrecy can be very dangerous. According to a recent CNBC article, confidential settlements make it harder for the public to find out about dangerous products, and makes it harder for victims injured … [Read more...]
What Must Be Proved to Win a Defective Product Case?
Someone who is injured by a defective product such as a vehicle, drug, stroller, or medical device, is entitled to compensation for his or her economic and non-financial losses. Victims may file a civil lawsuit against suppliers, distributors, manufacturers of products, and manufacturers of parts to recover their damages.To prevail in a defective product case, plaintiffs must demonstrate they were harmed as a result of a defendant's breach of legal duty or failure to fulfill a legal obligation. A Long Beach defective products lawyer can provide legal assistance to plaintiffs in determining appropriate legal arguments to make in order to win a defective products case.What Plaintiffs … [Read more...]
Can I Sue for Drug Side Effects?
Medications, prescription and non-prescription, are supposed to be safe when you use them as directed. Some medications have potential side effects. Patients need to be given the opportunity to make an informed choice about whether to use a particular medication and take the risk of experiencing the related side effects. Unfortunately, sometimes dangerous potential risks of a drug are not disclosed.Victims who endure harm from using a medication can sue for drug side effects provided the harm was unexpected, was caused by a defect, and/or was caused by negligence. A Long Beach product liability lawyer can determine if you can sue the pharmaceutical company or drug distributors for … [Read more...]
Free Report: What Is a Defective Product Liability Claim in California?
California and the federal government have many laws designed to protect the safety of consumers. Several federal agencies are charged with enforcing rules and regulations and with initiating or overseeing recalls when products turn out to be dangerous. Manufacturers have obligations to consumers under these state and federal laws, and must make sure they conduct necessary testing before their products are released to the marketplace. Manufacturers make promises about the safety of their products to consumers through express warranties, and laws impose some implied warranties such as the implied warranty of the fitness of a product for a particular purpose.In the event a product turns … [Read more...]
What is a Defective Product Liability Claim?
Manufacturers of products must comply with safety laws established by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and other state and federal regulators. Manufacturers have strong responsibilities to consumers to make sure products are tested and are safe before they are released.When a dangerous product makes it to the marketplace, a defective product liability claim gives consumers harmed by the product the opportunity to seek help. Victims injured by a dangerous product can file a civil lawsuit in order to recover monetary damages for their losses. There are a variety of legal … [Read more...]
What Should I Do If I’ve Been Injured by a Product?
You have the right to expect all the products you use are reasonably safe and will function for their intended use. You also have the right to expect that you will be warned of significant dangers and hazards of any product you buy. California Civil Code Sections 1792-1795.8 outline many of the responsibilities of manufacturers. For example, California law makes clear that there is an implied warranty of merchantability and fitness; the a product you purchase will work as expected. Implied warranties are in addition to any express warranties made by a manufacturer.When a product malfunctions, is defective, or is unfit for its customary use, you may have a damage claim against the … [Read more...]
