Those that manufacture, sell, or distribute any type of products hold a level of responsibility that their products are safe for use by the public. This product liability is put into place to avoid accidents revolving around defective or faulty products being sold, and if a person were to become injured due to the correct use of a faulty product, he or she could hold any of the aforementioned parties accountable for the costs incurred due to their injuries.
These injuries are considered to be personal injuries in the eyes of the law, under the circumstance of product liability, and it is estimated that as many as 30 million people will become injured each year by using a defective product of some kind. These injuries are often incurred in Orange County and around the nation, and the victims should always pursue compensation via a lawsuit to cover the expenses that these injuries cause.
Common Types of Product Defects
There are many different ways in which a product may be deemed defective, and some of these ways include:
- A design defect which causes a potentially hazardous situation during use.
- A hazardous defect that occurs during manufacturing which causes the product to go against manufacturing specifications.
- Defects in marketing that encourage consumers to use the product in a way or for a reason that may be considered dangerous or cause physical injury.
- The manufacturer neglected to include adequate safety warnings or directions for proper use that results in the user succumbing to injury during use.
These types of product defects are the ones that are most often cited in the Orange County region in product liability personal injury cases, and the injuries incurred by the victims can vary from mild to severe or fatal.
Even if the manufacturers, distributors, or sellers take special care to make sure that their products are being made or sold as they are intended, their failure to avoid even one defective product from getting into the hands of a consumer who later becomes injured can relate in a lawsuit. Unlike other types of liability cases, regular inspections and quality checks are often not considered in product liability cases, as these cases are considered to be strict liability claims. Even if the most careful company accidentally releases a defective product, they can still be at risk for paying the damages incurred by the use of the product they created.
Negligence and Breach of Warranty Product liability Cases
Two types of product liability cases that do not always fall under the category of strict liability are negligence and breach of warranty product liability cases. These lawsuits will require the victim to prove that the manufacturer’s negligence caused their injury, or that the expressed warranty that came with the product has been breached by the manufacturer.
The failure to recall a known defective product can also qualify for a negligence lawsuit, as the manufacturer is then considered to be negligent about a product they knew to be dangerous to the consumer. For instance, if a vehicle is known to have brake defects that could potentially cause an accident, and these defects do cause an accident that injures a consumer or causes another driver to become injured, but the manufacturer of the vehicle fails to recall the product, then the manufacturer can then be held accountable for any and all damages incurred by the vehicle’s defects by way of a negligence lawsuit under the product liability law.
Why Product Liability Laws are Instated
Product liability laws have the important job of protecting the customer from faulty products put out by manufacturers, sellers, or distributors. These laws cause manufacturers to refrain from putting out poorly made and defective products that can hurt the consumer in any way, and they also stop distributors and sellers from marketing these products to the public. Product liability laws cause the manufacturers, sellers, and distributors to become responsible for the products they make available to the public, thereby saving their consumers from unnecessary bodily harm.
Due to these laws, manufacturers and those selling the product will often be more careful to check their products for quality to ensure that they are not faced with a product liability lawsuit due to their products causing injury to the public.
The Importance of a Personal Injury Lawyer in Product liability Cases
A person injury lawyer is a must if a person wants to have a successful product liability case. In the region of Orange County, there are many personal injury lawyers who are knowledgeable about all aspects of product liability laws, and they work to get their clients the maximum settlement they deserve to cover the costs of their injuries and any medical expenses incurred.
A personal injury lawyer will assess the damages caused by a faulty or defective product, and they will also know which entity is to blame for the defect caused injury at hand. These professionals are able to look at the situation from a law standpoint and provide their clients with the representation they need to obtain the compensation they deserve. Also, a personal injury lawyer specializing in product liability will be able to accurately inform their client if they have a case due to their injury, and just what the best course of action may be to ensure that they get the maximum settlement amount from their personal injury lawsuit.