Everything you touch is a product designed and manufactured to make everyday life more comfortable, healthier, and more beautiful. You may not even think about how safe a product is, but each day consumers somewhere are injured by faulty products ranging from automobiles to ziplines.
If you are harmed after using an item you thought was safe, a Rialto defective products lawyer could fight to get you the compensation you are entitled to from the party responsible for your injuries.
Kinds of Product Defects in Rialto
Products do not just go wrong. Someone is at fault if a consumer is injured. A personal injury claim, which can get an injured party justice, is based on faulty design, manufacturing, or a flagrant lack of warnings. A negligent party may be held responsible in California, but under its strict liability laws, if consumers are harmed, they do not even need to show negligence.
Design defects occur on the drawing board and are not related to manufacturing problems or warnings. The goods are unsafe when, if conceived in another way, would not be. Some examples of faulty design include:
- Toys with sharp edges or small parts that are choking hazards to babies and toddlers
- Vehicles with a high risk of rolling over, or historically, cars designed with faulty fuel systems causing an explosion in rear-end collisions
- Electronics, including cell phones and tablets that can catch fire
- Medicines designed to include ingredients that cause cancer
Consumers expect that products they use as directed by the manufacturer will be safe, but if an injury occurs because of an unknown design defect, a Rialto defective products attorney could seek compensatory and punitive damages to right a wrong for an injured victim.
Manufacturing problems occur when substandard or ill-advised components create a product that turns out to be unsafe. Manufacturers try to balance producing a safe product with their profits but cutting corners to make more money can land them in court if a consumer is injured. For example, a child riding a bicycle in which the wheels are attached with substandard nuts and bolts could fall and be injured if a wheel comes off.
Lack of Warnings
Warning a consumer about the dangers of a product is based on the reasonable person theory, in which the law considers what an average person would know about a dangerous product. If the danger is not apparent, a warning label must attach. For example, hot water spigots do not warn of burn danger because the average person knows hot water can burn them. Conversely, prescription, and over-the-counter medications carry warning labels because the average consumer would not know the risks and side effects. A defective products attorney could discern the type of defect involved when a victim in Rialto is injured.
Damages Available in Defective Products Lawsuit
When a consumer is injured because of a defective product, life becomes a struggle to heal and pay the bills. If a person or business is responsible for the injury, they should be brought to justice and made to pay for what the consumer loses. A local defective products attorney will seek compensation for economic and non-economic damages.
Economic damages can be measured, such as lost wages, medical or therapy bills, transportation to physician appointments, and equipping a home or van if the victim is paralyzed.
Non-economic damages are subjective and include loss of the enjoyment of life, disfigurement, future lost wages, pain, suffering, and emotional distress according to California Civil Code § 1431.2.
Although punitive damages are not regularly awarded, it is possible that a consumer can recover them if it is proven that the defendant acted outrageously or maliciously, knowing that the product was dangerous when it was released to the public. Punitive damages are meant to punish a rogue defendant and are awarded in addition to compensatory damages.
Get in Touch with a Rialto Defective Products Attorney Today
Manufacturers have a duty to release safe products into the marketplace, and you should not have to worry about anything you use everyday harming you. Unfortunately, not all manufacturers abide by this responsibility, and injuries could result as a consequence.
If you have been injured by a product you used according to directions, you may have a personal injury case in which a Rialto defective products lawyer could get you the compensation you deserve. Call for your initial consultation.