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Taking A Company to Court Due to Defective Products

On Behalf of | Aug 11, 2018 | Product Liability

Sometimes a product doesn’t operate as it should and has a defect. You could get injured or even worse, die from it. Product liability is a serious matter. You or your children can get injured by defective products. It’s important to know that you have a right to file a lawsuit. “Product Liability Law” is the legal rule for who is deemed responsible for defective or dangerous products.

Defective products and injuries from defective products are far too common. It’s a shame that this thing happens more often than we would think. Companies are often trying to cut costs and get away with as much as they can. It’s essential to know the different forms of product defects as well as arguments the other side may make in a product liability suit.

Different Forms of Product Defects

There are three main types of product defects; manufacturing, design, and inadequate warnings. A manufacturing defect has to do with the manufacturing of a specific product. Your product alone was made differently than others in the line and proved to be defective. An example of this would be if the parts weren’t properly fastened on your child’s toy. Design defects are when the whole product line was designed in a way that may cause harm to the consumer. An example of this would be if airbags in all 2010 Chevy trucks did not deploy in a head-on collision. Another type of product defect is those products with inadequate warnings. Inadequate warnings mean that the product did not label or warn properly of any hazards that are less than obvious. An example of this would be if medicines did not label the side effects or how they mix with other medicines and/or alcohol.

Arguments From The Other Side

Even though all parties involved in the making of the product can be held liable under strict liability law, there are still some situations where you won’t be able to win a lawsuit. One situation would be if an outside force interacted with the product, so the product was not a real cause for injury. An example of this would be if someone messed with the wiring on a vehicle and it caused the brakes to fail. Another situation is if you use the product in a way where you know it could lead to injury. You don’t use the product as intended. If you continued using the product even though you knew about it having a defect, then your claim will be dismissed. In the eyes of the law you “assumed the risk”. If your careless actions contributed or were the sole cause of your injury/injuries, then your claim will be dismissed.

It’s unfortunate that every year many people are injured by defective or damaged products. The product should work as intended and not cause you injury. The company made a mistake or intentionally had a defective product. No one is prepared for something like this. You need someone with a lot of experience into getting you the compensation you deserve. Contact a product liability attorney in California at Licata & Yeremenko, A Professional Law Corporation for a free consultation at 818-783-5757 or simply fill out this form.