Product liability is an area of law that is designed to allow those who have been injured or damaged by a defective product to recover compensation. In California, the manufacture of a product can be held liable if its defect causes harm to someone during normal and ordinary use. Any product that is sold to consumers is covered under the law. If you or a loved one has been injured, or a loved one killed by a defective product, it is essential that you contact a products liability attorney as soon as possible. At the The Evans Law Firm, our experienced attorneys will aggressively fight to recover the compensation that you deserve from those responsible for your injuries.
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Types Of Product Liability
Under California Products Liability Law, there are three types of defects:
- Defective design: this type of defect is in the design of a product before it is manufactured. In this situation the whole product line from a certain model is defective. For example, the faulty design of an automobile gas tank may make it more susceptible to explosion in rear end collisions.
- Manufacturing defect: this type of defect occurs when the manufacturer fails to correctly produce or assemble the product. The design may be sound but the manufacturing process is faulty and causes it to be substandard. The manufacturer is responsible for detecting these defects before they will be introduced into commerce. Manufacturing defects often result from poor quality materials or faulty assembly.
- Marketing defects: the manufacturer of a product must clearly warn the consumer of any dangers associated with its use. There are two types of warnings: 1) general instructions that come with the product must be sufficient and clear in order to use it safely, and 2) specific warnings of danger that the manufacturer knew of or should have known of before sale should be clearly stated with proper warning labels.
Products Liability Lawsuit
Who Is Liable In A Products Liability Lawsuit?
When a defective product causes injury, the injured consumer may seek for a Products Liability Lawsuit in any of several potential responsible parties to recover damages. These parties may include any of the following:
- the manufacturer of the product (or the manufacture of a component part of the product)
- the wholesaler of the product
- the retail store that sold the product to the consumer (if it was sold in the seller’s regular course of business)
- any party that assembled or installed the product
What Damages Are Recoverable In A Products Liability Lawsuit?
Damage awards are intended to compensate the victim for all the expenses related to his or her injuries that are caused by the defective product. Called actual damages, these awards can include any of the following in a Product Liability Lawsuit:
- current medical expenses
- future medical expenses
- lost wages
- pain and suffering
- future earning capacity
- mental anguish
- loss of consortium (a claim made by the victim’s spouse for loss of companionship and sexual relations)
- property damages
- funeral and burial expenses in the case of wrongful death
- Punitive damages may also be available in certain cases
California Products Liability Attorney
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As consumers, we all use some type of manufactured product every day. We also expect that these will be reasonably safe when properly used. However, when a product is defective and causes injury or death, the victim and his or her family is entitled under law to compensation from the manufacture of that product. If you or a loved one has suffered injury from a defective product, seek for a product liability lawsuit and call the The Evans Law Firm today. Our experienced products liability attorneys can help you through this painful legal ordeal and see that you recover compensation for all of your injuries. Contact The Evans Law Firm today for a free case evaluation.