A defective product can cause serious injuries. Knowing what to do after your injuries is important. Joseph Farzam Law Firm can help. Products can be considered defective for a number of reasons. This can include a design defect, a manufacturers defect or inadequate labeling. Each type of injury requires extensive analysis of the facts and an attorney with experience and results.
Liability for Defective Products
It is important to know which entities are responsible. In a product liability case, all commercial sellers of the product are responsible for injuries suffered. This includes wholesalers, retailers, manufacturers, online distributors and other parties involved in the sale.
Federal Product Liability Laws and Statutes
Liability for defective products is governed under 402(a), holding any seller liable so long as they are engaged in the business of selling such products and the product reaches the consumer without modification. Courts hold parties liable even if they exercised proper care in the sale of the product and whether or not a contractual relationship existed between seller and buyer.
Products are considered defective if they have a (1) manufacturer’s defect; (2) design defect; or (3) inadequate labeling. When a product is defective serious injuries can result from its use.
Manufacturers Defects: These are defects that occur at time of production. In such cases the product is defective as a result of some type of error in the manufacturing process. For example when the product rolls off of the assembly line, it is defective. This can be because of human or machine error, or from the use of low quality parts and or materials. A manufacturing defect can apply to the entire line of products, which may trigger a recall of the product, or only to a select number of products. In any event a manufacturing defect will occur when the product is inherently different from the prototype.
Design Defect: A design defect occurs when the product is inherently defective due to some type of design error or defect. For instance the prototype which was used to manufacture all products is considered defective. In such cases all products manufactured can be considered defective, and the manufacturer will issue a recall.
Inadequate Labeling: A product is also considered defective when the manufacturer fails to provide adequate labeling. If the manufacturer of the product does not warn of the dangers liability can be imposed. Manufacturers are required to warn of defects with regards to the products they manufacturer and distribute. If inadequate labels are placed on the product, then liability can be imposed for injuries.
Product Defect Lawsuits and Expert Testimony
Determining which of the three types of defects applies often requires expert testimony. It is important to have an expert determine fracture points, origin of break points, materials used and other valuable information. Knowing which experts to use is equally important. Our experience in the field of product liability allows us to work with some of the best experts. These experts will often evaluate the product and let us know whether it is defective.
Defective Product Lawsuit – Compensation for Your Injuries
If you have been injured after using a product which you believe to be defective read the following. It is important to keep the product in its same condition. Do not tamper with the product. Many times users who are injured return the product. This is a mistake. Keep the product in the condition it was in after your injury.
Our offices will preserve the evidence and employ our experts to evaluate the product to test for defects. If the product is returned to the manufacturer or reseller, it can hinder our ability to successfully litigate your case.
Make sure to keep all documents verifying the purchase of the product. This includes credit card receipts, serial numbers, boxes or any other product evidencing the purchase. All information is necessary to further your case.
Do not assume that a product is not defective. Often times injured parties assume that injuries occurred as a result of their own negligence. While this may be the case, you should contact a product liability attorney to better assist you. Even if you were negligent, a manufacturer can be held liable to a certain degree and be required to compensate you for your injuries.
Common Injuries resulting from Defective Products
Injuries resulting from the use of a defective product can be catastrophic. We have seen injuries ranging from moderate to severe. If a product is defective, depending on the use, the ultimate end user can be seriously injured. Common injuries from the use of a defective product can include:
- Burn Injuries;1st, 2nd and 3rd degree burns;
- Back injuries;
- Spine injuries;
- Brain injuries;
- Fatal wounds;
- Dental damage;
- Broken bones;
- Permanent Scarring and Disfigurement.
These injuries are serious and some can require long term or life-time care and treatment. It is the responsibility of the manufacturer to make sure they distribute safe products. When they fail to do so and injuries result, liability will be imposed.
Winning Your Defective Product Injury Claim – Trusted and Experience Los Angeles Defective Product Law Firm
Defective Consumer Products Lawsuits can be difficult to litigate requiring expert testimony and tedious expert legal representation. The offices of the Joseph Farzam Law Firm has years of experience handling uniquely challenging product defect litigation involving some of the largest manufactures in the county. Some of the most prominent defective product case we handle include.
- Automobile defects and automobile parts defects including defective seatbelts and tires;
- Consumer Product and Home Appliance Defects;
- Defective Child Products and Child Toys;
- Defective Machinery and Construction tools;
- Defective Drugs and Medical Equipment;
- Defective Construction and Defective Homes.
Selecting a defective product attorney can be challenging. It is important to select an attorney with experience, skill and results. Our office has been able to recover millions for our clients. If you have been injured as a result of a defective product, contact our offices for a free consultation.