When you purchase product, you expect it to be safe to use. Unfortunately, dangerous goods sometimes make it to market and seriously injure consumers. While compensation may be available, handling a product liability claim effectively requires special skill and experience.
To seek compensation for an injury, get help from an experienced Burbank defective products lawyer. Your case may result in substantial monetary damages to help heal your injuries and compensate for your losses.
A qualified personal injury attorney could examine your case and determine how a defective product contributed to and caused your injuries. Strict liability laws within the state may permit recovery even without evidence of negligence in certain circumstances.
A product liability claim is intended to hold a manufacturer responsible when their goods cause injury. The placement of dangerous or defective products into the marketplace for consumer purchase should never be tolerated, and a personal injury claim can both compensate the victim and protect others in the future.
Many products will act in ways that are unexpected or incorrect due to faults in their nature. California case law requires plaintiffs to prove the following in a product liability claim:
When a plaintiff successfully proves these elements, a substantial compensatory damages award may be appropriate. Meeting these requirements often requires the assistance of a qualified Burbank attorney to manage and lead the defective products case.
State law recognizes three primary forms of product defect. Each may result in compensation for an injured plaintiff when successfully proven. While they are all based on the principles outlined above, each has its own unique elements that must be demonstrated.
Design defect claims affirm that the defendant’s negligence started at the very beginning with how the product was planned. Even if the product was constructed correctly, its very design makes it dangerous. Proving a design defect claim typically requires expert testimony.
Manufacturing defects occur instead with how the product is made, constructed, or manufactured. Employee errors, low-quality materials, or industrial process errors may all contribute to a manufacturing defect.
Failure to warn claims allege that the manufacturer of the product knew or should have known of a danger of which they failed to warn the consumer. This may be through negligence, but is often an intentional act to increase profits.
An experienced attorney in Burbank could help identify the most appropriate form of product liability lawsuit to pursue to receive the most compensation for injuries.
California Civil Code § 1714.45 lays out an exception for inherently unsafe products. If the product is dangerous due to its very nature, and an ordinary consumer would know of its unsafe nature, the manufacturer may claim that it is not responsible for the plaintiff’s injuries.
This is a limited exception interpreted narrowly by most courts. A skilled attorney understands how to handle these types of claims and could provide useful advice on how to proceed.
Product liability lawsuits typically require investigations, strong evidence, and an intensive study of the facts. A skilled attorney may be essential when dealing with large manufacturers who will likely fight to avoid liability, even if they were responsible. You deserve to have a knowledgeable legal team working for you.
An experienced Burbank defective products lawyer could study your claim and help plan your forward. Call today for assistance.
Benji Personal Injury – Accident Attorneys, A.P.C.