Many types of defective products are recalled each year. These dangerous products can cause serious injuries, and in some cases, even death. If you or a loved one have been seriously injured due to a defective product, you may be eligible to file a product liability claim against the seller, manufacturer, or distributor of the product. A product liability lawyer Irvine can provide the legal guidance you need during this challenging time and will build a solid case that can hold the at-fault parties responsible for your injuries and other losses.
Product liability lawsuits can be very complex and will require a thorough investigation of all parties involved in the manufacturing chain.
The goal is to identify which party is responsible for the defect and to hold them responsible.
This type of thorough investigation may involve third-party testing to identify how and when the defect occurred.
Because these cases are very complex, you need a skilled attorney who specializes in this area of law.
At MVP Accident Attorneys, we specialize in many different types of product liability cases, including:
Defective products can include a medication that caused dangerous side effects, a toy that caused injury to your child, or car parts that didn’t work as intended.
Manufacturers and retailers of defective or dangerous products can be found negligent or liable under the following conditions:
A product liability claim requires a thorough investigation. An investigation must determine what caused the product to be defective. An attorney must also determine which party in the manufacturing chain is responsible for the injuries sustained.
Many parties could be held responsible under product liability law, depending on the nature of the defect.
This can include the:
There are three major factors that an attorney will consider in a product liability lawsuit:
Most product liability cases are based on strict liability, which means the accident victim does not have to prove fault or negligence, they are only required to prove that the product was flawed and that it resulted in an injury.
The defective product is the main focus of the lawsuit and the cause of the injuries sustained.
If the product is found to be unreasonably dangerous, the manufacturer is found negligent.
A lawyer must prove that the product was made defective due to the negligent acts of one of the parties in the manufacturing chain.
If the victim was injured by a product while using it for its intended purpose, they can file a lawsuit for breach of warranty. While many breaches of warranty lawsuits are filed when there’s a written warranty, the law will also recognize certain implied warranties.
There are many defective products on the market that are recalled because they were considered fire hazards. Many consumers would be shocked to learn how many of these dangerous products they have in their homes.
Examples of different products that have been recalled due to fire danger include:
Tea kettles made out of certain materials, such as ceramic, can burst, spraying boiling water.
Defective space heaters can overheat, which causes the exterior to become hot enough to start a fire.
A defective fire extinguisher may not discharge when the trigger is activated.
Microwaves that are defective can cause house fires due to defects found in the control panel membranes.
Improper handling or defective valves may cause an explosion
A cooktop made out of ceramic with glass door panels may implode causing severe injuries or fatalities.
The first step to creating a solid case is defining the type of defect that caused your injury:
A design defect argument claims that the product’s poor design is what caused it to be dangerous.
With a manufacturing defect, the design of the product isn’t the problem. Instead, it’s how the manufacturer created the product.
A seller can be held liable if it misrepresented the product or failed to provide a warning for known dangers. The lack of instructions or information can lead to serious injury in some cases.
A lawyer must also determine how their client came to learn about the defect. For example, the law requires that the consumer use the product in the same manner that a reasonable person would. If the product was used in a way that was unforeseen by the company, or if it was used in a way that is not considered reasonable, the injured party will not be able to pursue a personal injury claim.
A product liability lawsuit can become a class action lawsuit if a number of consumers have been injured by the defective product. The injured parties can unite to file a lawsuit and hold the manufacturer responsible. The clients will share the legal expenses and will split the compensation that is awarded.
A person injured by a defective product can recover the following damages:
These damages will cover the cost of lost income, medical expenses, and other types of financial losses that were caused by the defective product.
These damages are meant to compensate the accident victim for emotional and physical pain and suffering caused by the defective product.
These damages are only pursued if the liable party’s conduct was so deplorable that the court wants to make an example out of them to discourage other people or entities from repeating the same acts.
The types of damages you’re able to pursue, and the value of your claim can depend on the nature of your case, injuries, and how your injuries have impacted your life.
With this type of complex lawsuit, you need an attorney that has extensive experience in product liability cases. The firm you choose must also have the resources needed to thoroughly investigate these complicated claims. When an attorney begins investigating your case, they must work closely with product testing experts in the field who are familiar with the defective product and can provide the testing needed to prove the product is defective. Your attorney must also consult medical experts who can discuss your injuries and how the severity of your injuries has impacted your life. If you have suffered a permanent disability, an economist may be brought in to accurately calculate the financial cost of ongoing medical treatment needed for the foreseeable future.
Defective products can cause severe, life-changing injuries. These debilitating injuries can require ongoing medical treatment for the foreseeable future. During this time, you must focus on recovering from your injuries and getting your life back on track, you shouldn’t have to deal with the stress of filing paperwork and handling settlement negotiations.
At MVP Accident Attorneys, we are dedicated to our clients in Irvine, CA, and will aggressively fight on your behalf to ensure you receive the compensation you deserve for your injuries and other damages. To find out how the team at MVP Accident Attorneys can help, contact our office today to schedule a consultation.