Our Defender against Defective Products
Consumers have the right to inspect a product to ensure that it is safe and it meets its own standard of quality. Hence, investigating design and quality standards is our main duty against using a defective product. However, if an accident occurs as a result of using a defective product, you can consult a personal injury lawyer specializing in the issue to protect your rights.
To begin with, we need to have guidance in knowing what really is a defective product, and the enclose liability connected with it. Here are the guidelines for investigating your eligibility for filing a defective product complaint.
• When Does Defective Product Exist?
Any manufactured product could be considered defective - whether it is a home appliance, toys for kids, brake pad, electronic gadget, prescription drugs or hair dryer – if it causes serious physical injury or substantial property damage.
For example, if you accidentally cut yourself with a knife while using it in a proper way, you do not have a case. Nevertheless, if the knife broke while you where using it leading you to acquire a vicious cut. You could immediately pursue a legal action namely.
• Defective Product Liability Claims
Product liability is the area of law to which all sellers of the product are held responsible for placing a defective product into the hands of a consumer and for any injuries that those products can cause. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler and the retail storeowner.
The product liability claims can be based on the theories of negligence, strict liability or breach of warranty of fitness depending on the state where the claim is made. Moreover, one must prove that the defective product causes you harm or injury regardless of your observance of care and diligence.
Three major theories associated with defective product liability claim
1. Theory of Negligence
This theory primarily focuses on the behavior of the manufacturer. The injured party must provide proofs that the defective product is the result of the manufacturers’ carelessness. Proofs required for making a claim based on negligence are the following:
• Proof that as a manufacturer, he/she must have a duty to sell a safe product that includes investigating its design and quality
• Proof that illustrate that the defendant violate his/her duty
• Proof that gives an idea about the damage and injury, you have acquired
• Proof that the violation caused you injury leading to extreme damages affecting your personal life
2. Theory of Strict Liability
This theory focuses on the product itself. It is more severe and harsh than negligence. The manufacturer is held accountable for the development of the defective product and reliable for any damages resulted from it, even if the manufacturer was not negligent in the production of the defective products.
Strict Liability is exclusively applied to manufacturing defects where the product varies from its intended design.
3. Theory of Breach Warranty
This theory needs probity between the injured parties and the manufacturer or seller of the product. The user who acquired injury or damages must furnish proof that the manufacturer or distributor broke a written promise of ensuring the goods safety and showing the breach causes the injury.
Breach of warranty based product liability claims covers:
• Breach of an express warranty
• Breach of an implied warranty of merchantability
• Breach of an implied warranty of fitness for a particular purpose
To help you with issues regarding defective products and product liability claims, you can seek the services of our Los Angeles Attorneys with our expert Los Angeles personal injury lawyers. You can log on to our website and avail of our free case analysis.
About the Author
Before becoming a writer, Janice spent her time reading a lot of educational books. From this hobby, she soon discovered her passion for writing and took up Journalism. She became a paralegal writer, and worked as an editor/columnist to a magazine specializing on government and business affairs. Later on, she evolves herself into a legal writer of a famous Los Angeles based law firm.
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