The Dangers of Defective Products When purchasing a product, the last thing you should have…
From a point of view of a consumer, everything seems quite straight-forward: you buy a product, the product turns out to be defective, you get injured as a result of using this dangerous product, and ultimately you get compensated for your injuries and damages by filing a product liability claim.
If this was true, only a few people would actually go to court for compensation. Unfortunately, we don’t live in an ideal world. Even if you suffer the worst injuries because of a defective product you used, there’s no guarantee that you’re getting compensation for your injuries and damages.
Today, our Los Angeles product liability attorney at Kristensen LLP is going to discuss everything you need to know in order to evaluate your defective product liability claim and to prove the so-called “elements” of your claim.
“Wait, what elements are you talking about?” you may wonder. You see, in order to win a product liability claim, your lawyer will have to find solid and sufficient evidence of the following elements:
The product was defective before it left the possession of the manufacturer, distributor or retailer.
You were injured as a result of using the product.
You used the product in a reasonably foreseeable way (or as instructed by the manufacturer).
These three are the primary elements the success of your product liability claim depends on. Contrary to the popular belief, just because you HAVE a defective product on your hands may not entitle you to compensation.
Under California product liability laws, without an actual injury or monetary loss, you will most likely not be able to win a claim and seek compensation regardless of how dangerous the product is or what kind of horrible things ALMOST happened to you or your loved ones.
Now that we’ve established the importance of having a documented proof that you suffered injuries as a result of using a defective product, let us review the three main types of product defects.
Depending on the type of a product defect, the legal remedy for your injuries will vary. Product liability laws in Los Angeles and elsewhere in California recognize three types of product defects that entitle you to non-economic and economic damages, including lost wages, medical bills, pain and suffering, lost earning capacity, and other:
you must prove that this particular defect or flaw in the product’s design makes it unsafe for consumers and is unreasonably dangerous. Moreover, you must be legally represented by a lawyer to prove that the manufacturer or supplier is liable for your injuries.
this may be the most difficult type of defect to prove, as you must have some knowledge about how the manufacturer is making the product. In order to prove that the manufacturer made a mistake while making the product, it is advised to seek legal help of a Los Angeles defective product attorney.
you must prove that the manufacturer, supplier or any other party in the distribution chain were aware of the potential hazards associated with using the product but failed to warn about it in the warnings and instructions.
There can be two main legal remedies for product defect cases: negligence and strict liability. Depending on the circumstances of your particular case and the product that caused your injuries, damages, and losses, the legal remedy will vary.
Let our best product liability attorneys in Los Angeles at Kristensen LLP review the specifics of your particular case and come up with an aggressive legal strategy to fight for your compensation.