WE FIGHT FOR THE VICTIMS OF THOSE INJURED DUE TO DEFECTIVE PRODUCTS
Any person injured by a defective product may be able to prevail on a product liability claim, whether they are a buyer or innocent bystander. Many commonplace products and household items can be defective. Commercially sold products such as cars, prescription drugs, and appliances can be particularly dangerous because they are used on a daily basis and we have a reasonable expectation that they will be safe. There are three primary types of product liability cases, including design defects, manufacturing defects, and inadequate warnings.
In other kinds of personal injury cases, an injured party must demonstrate the negligence of another, but in a California product liability case any entity that places a product into the chain of design, manufacture, distribution, or even marketing can be held strictly liable. Strict liability holds that a plaintiff need not prove there has been negligence or intent. Victims recovering from an injury related to a defective product often incur considerable expenses.
Fortunately, the law provides several kinds of damages that a victim may pursue if they have been injured as the result of a defective product. Product Liability Lawyers In Los Angeles, Prosmushkin and Davis, P.C., are available to represent you in your defective product claim.
WE FIGHT FOR THE VICTIMS OF THOSE INJURED DUE TO DEFECTIVE PRODUCTS
The field of product liability law has established legal rules governing who is responsible for defective or dangerous products. The rules and legal theories may differ from other areas of personal injury law. Product liability refers to when a manufacturer or seller is held liable for placing a defective product into the stream of commerce such that a consumer is ultimately injured. Responsibility for a product defect that causes injuries can lie with a manufacturer, distributor, retailer or any other seller of the product who is within the distribution chain. Any person injured by a defective product may be able to prevail on a product liability claim, whether they are a buyer or innocent bystander. Companies are not always guided by moral or ethical concerns, unless they harm their financial bottomline. Some companies may not take action to fix a known defective product until or unless it is cost effective to do so. Part of the calculation to determine whether removing a defective product from the market is cost effective is the expense of settling or litigating claims against it. Product Liability Lawyers In Los Angeles, Prosmushkin and Davis, P.C., are available to represent you in your defective product claim.
Many commonplace products and household items can be defective. Commercially sold products such as cars, prescription drugs, and appliances can be particularly dangerous because they are used on a daily basis and we have a reasonable expectation that they will be safe. Product liability cases can be complex because they will often rely heavily on scientific data and expert testimony. For this reason it is best to have an experienced Los Angeles Product Liability Lawyer by your side who is familiar with the law, and will present your case in the most persuasive light possible.
Sometimes, even when it is clearly evident that a faulty product failed and caused someone’s injuries, the nature of the defect itself may not be so clear. There may be other legal issues to address as well, such as causation, whether the product was used for its designed purpose, and how to calculate damages. A product liability case can become very complex very quickly.
At Prosmushkin and Davis, P.C., our Product Liability Lawyers In Los Angeles are prepared to deal with all of the difficult aspects of your case. We will sort through the facts, apply the relevant law, research the scientific evidence, and present your case aggressively and zealously. We know how traumatic an injury that is the result of a faulty product can be. Let us deal with the legal complexities of your case, so you can focus on regaining some sense of normalcy in your life.
HOW CAN SOMEONE BE HELD LIABLE FOR A DEFECTIVE PRODUCT?
Pursuant to California law, there are a number of entities who may be held strictly liable for an injury that results from a defective product. These include manufacturers, designers, distributors, retailers or any other entity that causes a product to “enter the stream of commerce.”
There are three primary types of product liability cases:
Design Defect: This occurs when a product is designed in such a way that the defect is inherent and the product as it is intended is unsafe.
Manufacturing defect: This kind of defect occurs when the product is not assembled correctly or does not conform with otherwise safe design specifications.
Inadequate warning defects: This occurs when the product fails to display clear safety instructions for safe use or fails to include sufficient warning about latent dangers inherent to the product’s use.
Individuals use products on a daily basis and the safety of those products is often an issue. Product liability laws in California reflect this fact. Under California law, when a product is more dangerous than it could be or it contains inadequate warnings, any entity that designs, manufactures, or sells the defective product can be found strictly liable for any injuries that result when the product is used in a reasonably foreseeable way. Strict liability is a legal theory that states that a plaintiff does not need to prove there has been negligence or intent to cause harm or injury. The fact of the injury is itself sufficient to attach liability, provided causation has been established. A Los Angeles Product Liability Lawyer will be able to better explain how strict liability may apply in your case.
WHAT ARE SOME COMMON TYPES OF PRODUCT DEFECTS?
Included below is a list of common product liability cases:
Vehicle Defects: This happens when someone is injured using a motor vehicle that has an inherent design defect or was manufactured defectively. Defective vehicles can often result in some of the most serious and traumatic injuries.
Consumer Product Defects: A consumer product defect occurs when someone is injured as the result of a design or manufacturing defect which causes personal injury. Common examples of consumer product defects include toys hazardous to children, dangerous appliances, and malfunctioning electronic devices. Of course, many other common items fall within the category of consumer products.
Drug and Medical Device Defects: While many pharmaceutical drugs and medical devices come with side effects, injuries that result from these kinds of defects often occur because there are inadequate warnings.
Whatever the facts of your situation may be, having a trusted product liability lawyer by your side can greatly increase your chances of obtaining fair compensation for injuries you sustained as the result of a defective product.
TYPES OF DAMAGES YOU MAY BE ABLE TO OBTAIN FOR YOUR PRODUCT LIABILITY INJURY.
Victims recovering from an injury related to a defective product often incur considerable expenses. These expenses include, among other things, medical costs, lost income, property damage, and long term chronic disability, including future earning capacity. With so many expenses, it is easy to feel overwhelmed and not know where to turn for help. Fortunately, the law provides several kinds of damages that a victim may pursue if they have been injured as the result of a defective product. Provided below are some of the damages you may be entitled to receive.
Economic Damages: This may include things such as lost wages, medical expenses, transportation costs, and other actual monetary costs. The purpose is to restore the victim to the financial condition he or she was in before the injury occurred.
Non-economic Damages: These are based principally on the emotional and personal suffering of a victim’s injuries on their lives. Among other things, these kinds of injuries can include damages for emotional distress, physical suffering, and loss of spousal support (also known as loss of consortium).
Punitive Damages: In certain circumstances, the court may award punitive damages. These are intended to punish the tortfeasor for especially egregious or outrageous conduct. The purpose is to deter future behavior by the same or others in the future.
CONTACT A LOS ANGELES PRODUCT LIABILITY LAWYER TODAY
At Prosmushkin and Davis, P.C., we have over 25 years of combined experience representing personal injury victims. Having a seasoned and professional attorney at your side can greatly increase your chances of obtaining damages for injuries sustained as a result of a defective product. For more information and a free consultation contact Prosmushkin and Davis, P.C., today.