While there is no federal product liability law, there are state laws designed to prevent harm and provide compensation for damages or injuries caused due to a defective product. There are many examples of product liabilities, including defectively designed or manufactured products; products that do not live up to their respective warranties or guarantees; products that causes injury due to normal use and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage.
Past defective products that have caused serious or catastrophic injuries and death include:
- Ford Explorer automobiles
- Firestone tires
- Exploding gas tanks on automobiles
- Toxic chemicals
- Children's toys
- Microwave ovens
- Smoke detectors
Product liability laws refer to the liability of anyone with a responsibility for a product that causes injury or damage due to a defect, from the supplier or manufacturer to the seller or retailer. Liability claims can be based on negligence, strict liability or breach of warranty.
Establishing An Effective Product Liability Claim
The most common claim against a manufacturer is a "strict product liability" claim. If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was "negligent" (necessary in most other injury claims) but you may have to establish the following:
- The product was, in fact, defective.
- The defect existed prior to the manufacturer releasing the product.
- The defect caused your damages.
Was The Product Unsafe?
A product is considered defective if it does not provide the level of safety that the community generally is entitled to expect. The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective. However, there are a number of factors the court will take into account when making its determination, including:
- The manner in which and the purposes for which the product has been marketed
- The packaging of the product
- The use of any mark in relation to the product
- Instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product
- What might reasonably be expected to be done with the product
- The time when the product was supplied
Contact Our Personal Injury Lawyers
The attorneys at Vititoe Law Group, have extensive experience with a wide variety of product liability claims. If you have been harmed by a dangerous or defective product, we would like to hear from you. Call 818-851-1886 or contact us online to schedule a consultation. We have offices in Westlake Village, Los Angeles and Oxnard.
What You Should Know About Product Liability Cases
Big corporations earn big profits by selling tens of thousands, hundreds of thousands, and even millions of products each and every year. In general, the majority of companies do what they can to ensure their products are safe for use among consumers. However, the evening news is never without a story featuring some product recall and/or safety warning. These range from household items, to kids' toys, to other consumer products, which can include automobiles and trucks. Sadly, lack of product safety injures thousands of people annually, and can be minor, severe, or even fatal.
Some companies appear to attempt to keep certain information from the public, while others try to pass the blame off to third-party entities. Regardless of the situation, when you suffer injuries due to a product, you can pursue legal action for such liability. Though no case results can be guaranteed, what you should know is that time you have to file a claim to seek compensation for your injuries is limited under state law. It is of the utmost importance that you speak with an experienced product liability lawyer to learn about your rights and be informed about which options are available to you. Don't hesitate because time is not on your side and you need to take action immediately.