Products Liability
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
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
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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