Products liability refers to the legal liability that results from a product that has a defect that causes harm to a consumer of the product. There is no limit to the types of products that can lead to a successful products liability claim. In addition, the manufacturer of the product, the wholesaler, the retailer, and the assembler are among those who may be found to be liable for injuries in a products liability case. Unfortunately, there is also no limit to the injuries that can be sustained by a defective product, ranging from fractures, to contusions, to more serious injuries such as a severe brain injury, a spinal cord injury, a concussion, or even wrongful death.
Possible Causes of Action
Products liability claims can be based on negligence, strict liability, breach of an express warranty, breach of warranty of fitness, or breach of an implied warranty of merchantability.
Negligence
A seller of a product is liable in negligence if he or she acts or fails to act in such a way as to create an unreasonable risk of harm or loss to the user of a product, or to another person who might foreseeably be injured.
Breach of an Express Warranty
An express warranty is made when the seller makes a representation as to a product’s composition, durability, performance, or safety. The express warranty can be made through words or through non-spoken means, such as an advertisement. The law presumes that a buyer relied on a sellers’ express warranty in deciding to purchase the product.
Breach of an Implied Warranty of Merchantability
Any seller impliedly warrants that the product is fit for its ordinary purposes. No specific statement or assertion is required.
Breach of an Implied Warranty of Fitness for a Particular Purpose
If the buyer relies on the sellers’ specific or specialized knowledge in selecting the product, and the seller knew the buyer’s particular purpose in making the purchase, then the seller impliedly warranted that the product is fit for that particular purpose.
Strict Liability
A manufacturer is strictly liable when a product it places on the market, knowing it is to be used without inspection for defects, proves to have a defect that causes injury to a person. The defective condition must be unreasonably dangerous.
There are three primary types of product defects that constitute a defect that may lead the manufacturer and supplier to be liable for injuries caused by the product:
A design flaw or defect exists when the product was designed with a defect that makes the entire line dangerous even if the manufacturing and assembly was flawless.
A manufacturing flaw or defect exists when a safely designed product becomes dangerous because the manufacturer failed to make the product in accordance with the plans and specifications.
Inadequate warnings or instructions are not complete and do not give clear directions for use of the product.
WHAT TO DO:
If you or a family member has been injured by a product:
Seek immediate medical attention for your injuries. Go to an emergency room or an urgent care as soon as you experience any pain or discomfort following an accident. Even if you don’t see any external injuries, it is extremely important to be evaluated to see if you have any fractures, a closed head injury, or internal bleeding. If you do not you’re your injuries require emergency medical care, see your family doctor as soon as possible. If you delay in seeking medical care, you could be making a costly mistake. At the Law Office of Slaughter & Slaughter, we work with medical doctors, chiropractors, and therapists who specialize in treating people who have been injured in an accident. Even if you do not have health insurance coverage, Slaughter & Slaughter can provide medical referrals for you to receive appropriate treatment.
Contact an experienced attorney. Products liability cases involve complex legal issues. Each of the causes of action described above has a different set of requirements and limitations. Failing to obtain proper legal representation can cost you thousands, if not hundreds of thousands of dollars. As tempting as it may be, don’t be lured into signing a release in exchange for a quick settlement. Once you sign that release, you cannot ask for more money, which will be tragic if you find out that your injuries have not fully resolved and you need additional medical care.
If your family has experienced a wrongful death as the result of a product:
Contact an experienced attorney. Please give us a call. We can help take the burden off of your shoulders and take the necessary steps to protect your interest.
Slaughter & Slaughter will accurately and honestly evaluate your claim and strive to get the maximum settlement or judgment to compensate you for your loss, including reimbursement of medical, funeral, and burial expenses; and compensation for the pain and suffering your loved one suffered prior to his or her death, your loss of the financial support of your loved one, loss of services for the everyday contribution your loved one made to the household, and the loss of companionship, affection, sexual enjoyment, and moral support.
The Law Offices of
Slaughter & Slaughter
402 West Broadway,
Suite 400
San Diego CA 92101
1-619-456-0027
There is no reason to suffer alone. We can help you bring a claim and strive to get the compensation you and your family will need. Our compassionate products liability lawyers want to see you achieve the best resolution possible.
We serve clients throughout Southern California, including Orange County, Los Angeles County, Riverside County, San Bernardino County, and the communities of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas, Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and surrounding areas.
Don’t delay, call today for more information and a free evaluation of your claim.
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