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 theories that plaintiffs can use in a defective product liability case to help convince the courts they are deserving of monetary compensation for losses.
What is a Defective Product Liability Claim?
A plaintiff who has been hurt by a defective product can obtain compensation for medical costs, wage loss, pain and suffering, emotional distress, and other damages. Defective product liability claims allow plaintiffs to be made whole for all economic and non-financial losses that happen as a direct result of the sale and purchase of an unsafe product. This can include things like drugs with side effects that were not expected, cars with malfunctioning parts, kids’ toys or high chairs or car seats that put children at risk, and virtually every other product on the market.
In every product liability case, victims have to show their injuries were a direct result of problems with the product when the product was used as the manufacturer intended it to be. The plaintiff also has to show the manufacturer deserves to be held accountable for the loss. There are different legal theories plaintiffs may use to make a defective product liability claim including:
- Strict liability: California law says manufacturers are always responsible for injuries defective products cause, even if they don’t specifically do anything wrong.
- Failure to warn: Manufacturers have an obligation to provide information to consumers about the dangers of using their products.
- Negligence: If manufacturers of products are negligent in any way in relation to design or production or sale of a product, this can lead to liability.
- Design defect: Products improperly designed can give rise to civil litigation brought by those harmed.
- Breach of warranty: Products have express warranties, as well as implied warranties like an implied warranty of a product’s fitness for the purpose for which the product was intended.
Product liability claims can be filed by an individual victim or, sometimes, as part of class action claims or mass tort cases. If many people suffer harm by the same product they can all take legal action as part of one big case or all can have their cases moved to be heard before one judge. Before joining any type of mass litigation, it is important to determine if doing so is in your best interests or not.
A Long Beach Product Liability Lawyer Can Help
Your Injuries are Personal to Me
At the Law Office of Michael D. Waks, we are dedicated to holding product manufacturers accountable when they harm consumers. I care about the injuries sustained by those who use products and get hurt unexpectedly due to unsafe items being sold. I will fight hard to get you the full compensation that you deserve. When you need a Long Beach product liability lawyer you can trust, I am here to help.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to learn more.
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