Most people rely heavily on the conveniences provided by consumer products, which often make household or professional tasks simpler, faster, and more efficient. Even the most solidly built and engineered products may wear out and break over time, but usually these product failures cause mere annoyance rather than devastation. Despite the strict laws in the United States that govern product safety, faulty or defective products injure users every day, sometimes seriously.
If a defective product injures you or damages your property, you may want to consider speaking with an Anaheim defective products lawyer to identify who is liable and from whom you may seek damages. To learn more, schedule a consultation with a knowledgeable attorney today.
Unlike other personal injury cases, the victim in an accident involving a defective product need not prove the traditional elements of negligence. Defective products fall under the category of strict liability. To work with an Anaheim defective product attorney to file a claim under strict liability law, a plaintiff must have been harmed by a defective product that the defendant manufactured, distributed, or sold. There are three categories under which a defective product may fall:
For lawsuits relating to defective products, there are two separate statutes of limitations: one for bodily injury and one for damage to property. In the case of a defective product that has caused either death or personal injury, the injured party or a relative usually must commence the action within two years of the injury. For cases in which a defective product damages property, the plaintiff has three years to recover.
A product may become defective at any point during its lifecycle, from design, to production, to transportation, to distribution, and through consumer use. Any party who has played a role in any of those stages may incur liability for a defective product. These parties may include manufacturers, designers, distributors, sellers, contractors, and transporters.
Additionally, a defective products attorney in Anaheim may determine that multiple parties share in the liability for a defective product. This legal doctrine is called joint and several liability, and it holds that every party who is liable for any part of the full damage could also be considered to be responsible for the entire liability. For example, if there are five parties that a court finds liable for damages caused by a defective product but two of the parties are unable to pay their share, the remaining three will be responsible for paying the full sum.
If you sustain injuries that result from using a defective product, it is important to retain any evidence, such as the product itself, packaging, instructions, and medical records, for your attorney to review. To protect your interests, contact an Anaheim defective products lawyer to determine whether you have a legal claim for the damages you face.
Benji Personal Injury – Accident Attorneys, A.P.C.