Every manufacturer that produces goods for public sale has a legal duty to ensure their products are safe for normal and reasonable use by consumers. If a manufacturer fails to abide by this requirement and a customer gets hurt as a result, that company may bear financial liability.
However, knowing that a product manufacturer is liable for the harm you sustained and proving them liable through civil litigation are two very different things, and the latter can be extremely difficult to achieve without a seasoned personal injury attorney’s help. Once retained, a Miracle Mile defective products lawyer could work tirelessly on your behalf to establish fault for your injuries, accurately valuate your damages, and pursue a favorable case result in or out of court.
Personal injury claims that fall under product liability law work a little differently than other types of civil litigation. While it is still possible to hold a product manufacturer liable based on their negligence, companies that produce unreasonably dangerous products may bear strict liability for ensuing damages suffered by consumers. Alternatively, to succeed with a case based on negligence, the plaintiff in a product liability case generally must prove that:
In California, manufacturers are responsible for anticipating the ways in which a reasonable person would use their product and, if necessary, including warnings and instructions with their product that highlight potential hazards associated with those uses. A Miracle Mile product liability attorney could review a prospective plaintiff’s circumstances and determine whether a manufacturer failed to fulfill this requirement in their particular situation.
Importantly, all four elements must be met in order to hold a product manufacturer liable. If not all these conditions are fulfilled, or if the plaintiff cannot prove that they used the product in a reasonable way or show that their injuries stemmed directly and primarily from a defect in that product, there may not be grounds for a case.
Additionally, like with other personal injury claims, plaintiffs in defective product cases may not be able to recover for the full value of their damages if a court finds them partially at fault for their losses, such as by failing to seek appropriate medical care immediately after suffering a devastating injury. Assistance from a defective product lawyer in Miracle Mile is often critical to navigating around these potential pitfalls and maximizing available restitution.
For the most part, product manufacturers can be trusted to provide goods that are safe for consumer use. In some cases, defects in the design, manufacturing, or marketing make a product so unreasonably hazardous that people who get hurt using it could have grounds for civil litigation.
A Miracle Mile defective products lawyer could discuss your unique circumstances and determine what next steps to take in the course of a private consultation. Schedule yours by calling today.
Benji Personal Injury – Accident Attorneys, A.P.C.