Injured Due to a Defective Product? Know Your Rights in a Product Liability Case
All companies have to take all reasonable steps to ensure that their products are safe for consumer use before making them available to the public. Unfortunately, many companies fail to do this – negligently designing or making defective products available for purchase.
A defective product is a product with any sort of imperfection or fault in the product’s labeling, manufacturing, or design that creates a hazard for consumers. Injuries caused by defective products are preventable and essentially caused by the negligent actions of the companies making these defective products available for their consumers.
Do You Have the Right to Sue?
If you were injured by a defective product, you likely have grounds to file a lawsuit. More specifically, you might have grounds to file a product liability claim. In general, you have the right to pursue a product liability claim against a company for a defective product as long as there is a clear defect in the product’s labeling, design, or manufacturing.
Are product liability cases complicated? The majority of product liability cases are relatively complicated – enough to require the assistance of experience attorneys to ensure the claim’s success. Unfortunately, there are many ways in which victims of defective products could ruin their chances of pursuing a successful product liability claim. There are many steps that victims should follow immediately after being harmed by a defective product; failing to follow these steps could result in losing the right to sue.
Steps to Take to Pursue a Product Liability Claim
Consider the following steps victims of defective products should follow:
- Seek medical attention for all injuries suffered
- Take photos of all injuries
- Evaluate any property damage
- Take photos of all property damage
- Take photos of the defective product
- Stop using the defective product
- Contact the company to report the defect and the harm you suffered
- Do not agree to send the defective product to the company
- Do not agree to a free repair, replacement, or refund
- Do not tamper with the defective product in any way
- Collect all documents proving your purchase of the defective product
- Collect all documents proving your injuries, medical care, expenses, etc.
- Seek legal assistance
I Didn’t Suffer a Physical Injury. Can I Still Sue?
Most defective product incidents result in a number of injuries. Without a doubt, if you suffered physical injuries, you have the right to pursue a claim for the harm that you suffered.
Can you still pursue a claim even if you didn’t suffer any physical injuries? If you and your family did not suffer any type of harm due to the defective product, you might not have grounds to pursue a claim.
If you didn’t suffer physical injuries but you suffered property damage, however, you will still have grounds to file a product liability lawsuit. Whether you suffered physical injuries, damages to your property, or both injuries and property damage, you can be certain that the personal injury lawyers at our law firm are ready to provide you with the legal guidance that you need.
Recover the Compensation that You Deserve
As mentioned above, you have the right to file a product liability lawsuit if you suffered physical injuries or damage to your personal property. Depending on the details of your product liability claim and whether your claim reaches a successful outcome, you might be eligible to receive compensation.
In general, product liability claims can lead to victims and their families being compensated for medical expenses, lost wages, pain/suffering, funeral and burial damages, property damage, and punitive damages, for example. If you would like to learn more about the type and amount of compensation that you might be eligible to receive after you and your family were harmed by a defective product, do not hesitate to learn more about your rights by calling a product liability lawyer at Eldessouky Law at (714) 409-8991.
California Product Liability Laws and Consumer Protection
The State of California protects our residents with product liability laws that state that someone who sells, manufactures, or designs a defective product is strictly liable in certain instances for the injuries the product causes – even if the injury was not a result of negligence. A well-trained product liability lawyer from Eldessouky Law at (714) 409-8991 can explain how California law specifically impacts your claim.
- Design defects
- Manufacturing defects
- Warning defects, where inadequate warnings or lack of direction lead to injury
How Are Los Product Liability Laws Enforced?
Most California product liability cases require that the injury victim prove that the party they are seeking to hold responsible for their harm designed, manufactured, or sold a product that was defective, the injury victim used the product in a so-called “reasonably foreseeable manner.” A demonstration must be made that the harm that the injury victim suffered was directly caused by the product’s defects.
To be held accountable for the defects, dangers, or other unlawful issues with its products, a company ordinarily must have behaved in ways considered negligent, grossly negligent, reckless, or intentionally harmful under the law. However, there are situations in which a company in the chain of distribution for a product may be held strictly liable for the harm it has caused.
Strict liability cases allow injury victims to hold companies accountable even if the harm suffered did not result from negligent business practices. If the drug or device that caused you harm contained inadequate warnings or was far more dangerous than it should have been, it is possible that you’ll be able to file a strict liability case. Our firm will clarify whether your particular circumstances allow for this possibility.
- Specific elements of a product liability claim or lawsuit also include a demonstration that:
Person or company we are pursuing in our liability case designed, manufactured, distributed, or sold a defective product
Product contained the defect when it left the person or company’s possession
Client used the product in a reasonably foreseeable manner
Client suffered harm because of the defect
Product liability cases are challenging. With that said, you enhance your prospects for a positive resolution of a defective product case if you are proactive in retaining the professional assistance of an experienced lawyer, like a member of the legal team at Eldessouky Law at (714) 409-8991.
A product liability attorney from our firm doesn’t charge for an initial consultation. Indeed, our firm doesn’t charge a fee unless we win your claim or lawsuit for you.