Learn here from the Ehline Law Firm PC personal injury claims attorneys and strict liability practitioners in LA and California. Harm often arises from the purchase and use of defective products that are dangerous. Products liability is a subset of tort law that involves holding a products manufacturer and anyone in the chain of commerce civilly liable for harm caused by a negligently designed, manufactured, of inadequately warned product. California law holds that negligent manufacturers, sellers, re-sellers, re-manufacturers and dealers can all be forced to pay for a defective or dangerous product that caused harm to a consumer. Corporations which allow dangerous items into the flow of commerce should be held legally liable for injuries they cause.
Our experienced and knowledgeable defective products injury claims attorneys will counsel injured victims as to their potential injury claims they may have as against a defective or dangerous product manufacturer or seller. Our local firm can assist injury victims in recovery of money damages they are entitled to as a matter of tort law.
What is My Burden to Prove a Products Case?
In the not so distant past, victims of crummy products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. This was called “caveat emptor” (“Buyer beware”). But the law changed with the times. Now the burden to prove a products case is that there was a product defect, inadequate instructions, or warnings. You must still prove that the product caused you harm when it was used for its intended purpose as well. You may also only need to prove the manufacturer knew or should have known the product would be used in such a way that would cause harm. Examples include: exploding airbags and exploding bottles.
Manufacturing defect is the most typical grounds for a products liability civil claim. If one consumer’s car blows up in an explosion, when it is started, it should be obvious that it has a manufacturing defect. Alternatively, a defective design case could show that since all cars of that model blow up when started, that the design itself was the cause of injury. Either way, the injured victim needs to prove there was a defect in the product when it was entered into the stream of commerce and that the defect caused the injuries to the consumer victim.
Strict Products Liability
Practically any product can be the subject of a products liability claim. There are some products that hold a manufacturer or user liable no matter how safe the product was designed, labeled or manufactured. This is called strict products liability. A person can be held strictly liable for dangerous and caustic chemicals, or materials like gun powder, asbestos, and bug killer. Normally, heavy equipment, tools and communication devices, like cell phones are not matters for strict products liability. Sometimes medical goods, and “lemon” automobiles are targeted in products liability injury claims. Lately, tobacco cancers and even fast foods have been in the news as products liability cases, as well as fraud type claims for false and deceptive advertising.
As in other personal injury cases, if a products liability accident claims victim proves his or her civil claim, he or she will be entitled to money damages, which could include:
- Property damage
- Compensation for wrongful death
- Past, present and future medical bills
- Lost past and future wages
- Physical and mental pain and suffering
- Loss of consortium for loss of love and affection.
If you or a loved one was hurt as the result of a defective product, or have questions about serious personal injury claims, call our defective products injury claims firm; Los Angeles personal injury attorneys (click here); Strict liability lawyers in LA before you lose valuable money and waive the statute of limitations barring recovery! Get justice and money damages now.