Hundreds and thousands of products are purchased every day. Regardless of what the product is, all products have the chance of being defective. This may not be due to a design defect but rather, their faulty manufacturing, making the product unsafe for use.
In cases wherein a defective product caused harm and damage, a manufacturer may be held liable for these injuries and damages if the defect was caused by poor manufacturing.
A manufacturer must be held liable for the injuries and damages their negligence has caused. They may be held responsible through product liability claims. This means they need to provide fair compensation for the damages and injuries sustained in the accident. When defective product victims suffered by an error or catastrophic defect, the right step to follow is to file a claim and make justice.
In this article, we will discuss the following:
- What is a product liability claim
- Most common defective products
- Types of strict liability defects
- How to Hold a Manufacturer Liable
- Recoverable compensatory damages in product liability claims
What is a Product Liability Claim?
The Legal Information Institute (LII) defines product liability as the legal responsibility of all parties involved in the manufacturing process for any physical injuries resulting from a product. They are held accountable for any damages that may incur due to their products. This includes manufacturers, those in the distribution chain, and product sellers.
If you or a loved one have sustained an injury due to a defective product, you may be eligible to file a product liability claim. This claim is meant to compensate an injured person for the injuries and damages this defective product may have caused them.
In California, strict liability is imposed. This means that a defendant (party responsible) is held liable for the incident if they were negligent, reckless, or had the intention to cause harm.
Most Common Defective Products
Any product has the potential to be defective. A simple blow dryer, if defective, may cause physical injuries — like burns — to an unsuspecting user.
Some of the most commonly defective products are the following:
- Auto parts – Faulty motor vehicle parts may lead to dangerous outcomes such as steering problems, latch flaws, ignition breakdowns, explosive airbags, and transmission malfunctions. Motor vehicle collisions caused by defective parts can be extremely detrimental and cause devastating injuries.
- Medical devices – Medical devices that are poorly made or contain manufacturing defects will have serious consequences for the user.
- Household appliances – The National Security Council (NSC) has reported that an alarming number of people. Over 800,000 Americans sustained injuries resulting from defective household items such as beds, pillows, and mattresses. These products have been identified as some of the most popular in terms of defects.
- Children’s toys – Young children possess a natural curiosity that compels them to investigate their surroundings. Unfortunately, if not produced correctly or designed safely, toys can be a potential hazard, even leading to life-threatening accidents. Toys with small components that can detach and contain toxic paint are especially dangerous for young kids if they happen to swallow them.
- Personal care products – Personal care or skin care products carry the risk of adverse reactions, which may range from mild irritation and rashes to chemical burns and potentially even more serious consequences such as damage to bodily organs or even cancer.
- Prescription drugs – Although usually manufactured with the utmost care, there are instances wherein a drug is not manufactured properly. In fact, medication is prone to recalls.
Certain Exceptions to Product Liability
There are some products, however, that are considered inherently dangerous. Dangerous products such as knives, scissors, pesticides, herbicides, guns, and some vaccines may have a much higher risk of harm than other products as they are unavoidably harmful.
Although filing a product liability claim for these particular products can be difficult, this does not mean it is impossible. It is crucial that you have an experienced product liability claims attorney by your side to help you file a valid claim and recover the financial compensation you deserve.
Types of Strict Liability Defects
There are three types of product issues that can incur liability for product manufacturers and distributors:
1. Design Defects
Design flaws are present from the start of a product’s development, even if it works as intended. However, this can still cause potential harm and dangerous side effects when used due to an underlying design issue.
2. Manufacturing Defects
Manufacturing defects may arise during the making or manufacturing of an item. Accurate quality control procedures may include inspections and testing at stages in production where defects that could be harmful to the user can take place.
3. Warning and Instruction Defects
Some hazards that cannot be addressed by design may be avoided through adequate instructions. Manufacturers can be held liable for issuing inadequate warnings, which could include claims that the warning was too vague, misleading, or otherwise insufficient in preventing injury. The argument can be made that an improper warning was itself the cause of harm to the user.
How to Hold a Manufacturer Liable
One of the only ways to hold a manufacturer liable for an injury-causing product is to file a claim or product liability lawsuit against them.
To file a successful claim for damages, you must prove that the product was defective and that this defect caused your injury. You must present evidence of how the product caused your injury, as well as proof of its defectiveness — such as through defective manufacturing, design flaws, or inadequate labeling. Furthermore, you need to provide evidence of the severity of your injuries.
In cases such as these, it is crucial that you seek the help of a product liability claims attorney to help guide you through the complex manufacturing defect claims process. Your attorney will help create a valid case to ensure you recover the compensation you are owed.
Not only will our product liability attorneys take care of the details of your claim, but we will also make sure that you are protected from insurance companies who may wish to cheat you out of a fair settlement. Insurance adjusters may trick you into lowering the value of your claim by taking advantage of your vulnerability during this time.
Recoverable Compensatory Damages in Product Liability Claims
As the injured person, filing a product liability claim will help you recover the compensation you need and deserve. The amount of compensation you may receive will depend on several factors of your case. Some of the compensatory damages you may recover are:
- Medical bills
- Lost wages
- Loss of future wages
- Emotional distress
- Mental trauma
- Loss of enjoyment
- Loss of consortium, and more
Injured Due to a Defective Product? Call Ayuda California Today!
Have you or a loved one been injured in an accident due to a defective product? You may be entitled to financial compensation for your injuries and damages.
At Ayuda California, our product liability claims attorneys will ensure that you get the medical care you need and the compensation you deserve.
We work on a contingency fee basis and work on a No Fee Guarantee policy, this means you won’t need to pay us a single cent unless we win! Contact Ayuda California today for a free case consultation. We are available 24/7!
