You should be able to trust the products that you buy. However, faulty consumer goods occasionally make their way into stores. These defective products can cause severe injuries to countless consumers.
When a faulty product causes you harm, you could hold the manufacturer accountable through a legal claim. Talk to a dedicated personal injury attorney about your situation. A Glendale defective products lawyer could help you pursue a case and seek compensation.
What is a Defective Product Lawsuit?
Also known as product liability lawsuits, defective product cases seek financial compensation from a manufacturer who put a faulty or dangerous product into the marketplace. Products that perform in unexpected ways and cause injuries are considered defective. Such defects may result in financial liability for the company that designed or manufactured the consumer good.
Strict Liability Law for Faulty Product Cases
The courts use strict liability law to govern product liability cases, which means the burden of proof is lower than typical personal injury claims. You do not have to prove the product manufacturer was negligent to receive compensation for your losses. This law protects consumers from companies who prioritize profits over user safety.
State law requires plaintiffs to prove four elements in a defective product claim:
- The defendant distributed, sold, designed, or manufactured the defective product
- The product was defective when it parted the possession of the defendant
- The plaintiff used the product in a reasonably foreseeable manner
- The plaintiff suffered an injury due to the defect
These components are crucial to a successful claim. A qualified products liability attorney could prepare the evidence to prove the case.
Statute of Limitations
California Code of Civil Procedure 335.1 requires that most defective product lawsuits be filed within two years of the date the injury occurred. While there are limited exceptions, plaintiffs should reach out to a lawyer as soon as possible to avoid losing their opportunity to pursue compensation.
Types of Product Defects
In a product liability claim, plaintiffs must show how the product was defective. According to state law, an item can be considered faulty due to design defects, manufacturing flaws, and failure to warn. Each of these theories requires its own legal strategy.
If a product is designed in such a way that makes it inherently unsafe, it can cause injuries, even if the manufacturers follow the blueprints correctly. In situations such as these, injured consumers could file an injury claim due to the design defect.
When a product is safe as it was designed, but a manufacturing error made the product dangerous, a manufacturing defect claim is most appropriate. These types of cases may involve employee errors or improper storage of a product.
Failure to Warn
Certain products are, by their nature, dangerous if misused. In these cases, manufacturers must provide the proper warnings. If they fail to warn potential customers of known dangers and injury occurs as a result, the manufacturer may be liable. A skilled lawyer could work with injured parties to determine the type of defect that applies to their product liability case.
Consult a Glendale Defective Products Attorney
When a company puts a defective product in the marketplace, it should be responsible for the harm it caused you. You could recover compensation for your injuries and damages through a personal injury lawsuit.
This compensation may help you move forward financially following the accident. Contact a Glendale defective products lawyer today to get started with a consultation.