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Personal Injuries Resulting from Dangerous or Defective Products

In those cases where someone is injured while using a defective product or one marketed in a dangerous way, the injured party may be able to recover the resulting damages from the liable party in a products liability-based personal injury lawsuit. When dealing with products liability law, the responsibility falls upon the manufacturer or other provider of goods to compensate end users of the goods for injuries caused by those dangerous or defective products placed into the marketplace. The premise of products liability law suggests that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, and if failing to do so, they should be held responsible. A knowledgeable Los Angeles injury lawyer can guide injured persons through the legal process and determine whether they may have a claim against a product manufacturer or seller and can aid in the recovery of damages to which they are legally allowed.

The Plaintiff’s Burden in a Dangerous or Defective Product Personal Injury Case

Although products liability law have changed over the years plaintiffs in these particular personal injury cases still have many obstacles to overcome. There was a point in legal history when the term “caveat emptor” or let the buyer beware was the legal standard to which manufacturers were held. The legal environment now incorporates “strict liability” in appropriate cases. Under this legal basis, manufacturers are held responsible for injuries caused by their defective or unreasonably dangerous products without the need to establish negligence. In a products liability lawsuit, the injured party, or plaintiff, must establish, for instance, that there was key design or manufacturing flaw in the product or that the manufacturer inform consumers of possible dangers of the product. In addition, the injured party, through relevant evidence, that the product caused the injuries and that injured party was using the product as recommended by the manufactured or the manufacturer should have foreseen that the product could be “misused” in the way that caused the injury. In today’s legal environment, manufacturing defects are typically easier to prove than design defects. For an example, a consumer’s gas fireplace explodes when first lit. In this circumstance, it is clearly evidence that this particular fireplace was not manufactured per manufacturer’s specifications and for its intended purpose. On the other hand, a design-defect case, could have validity if a majority or all fireplaces of a manufacturer’s specific model creates a threat of explosion. Expert testimony is usually necessary in order to prove defects inherent in its design. In these cases the design was inadequately planned in such a way as to pose unreasonable hazards to consumers even though the product was manufactured per its intended specifications. Establishing causation in a products liability case can be challenging. The injured party or parties must prove that the product was defective when it was distributed to the marketplace by the defendant manufacturer or seller, and that the defect was a direct result of the plaintiff’s injuries. If it was possible that the injuries in question could have arisen from several potential causes, the plaintiff will need to prove that the product defect had a significant role in the accident.

Dangerous or Defective Product Personal Injury Case - Basis of Recovery

Below are several products liability legal theories that can be argued in a case.

  • Breach of warranty. Failure to fulfill the terms of a promise in relation to a product’s performance is considered a breach of warranty.
  • Negligence. Lack of reasonable care in the manufacture or sale of the product or in warning about the product would fall under the category of negligence.
  • Strict liability. Occurs when the product’s defect, although not the fault of the defendant, rendered the product dangerous, the defendant will therefore be held liable under the theory of strict liability
  • Misrepresentation. Occurs when a manufacturer gives consumers a false sense of security about a product’s safety.

Since there is not a comprehensive list of products that could form the basis of a products liability suit, we have provided the most common product categories/industries which include asbestos, apparel, cosmetics, chemicals, firearms, food, machinery and tools, medical products and devices, pharmaceutical products, motor vehicles, recreational products, and tobacco.

Conclusion

Individuals injured by dangerous or defective products will need the counsel of skilled attorneys that specialize in personal injury and products liability law to guide them through the complexities of their case toward a favorable outcome. If you or someone you know has suffered personal injuries resulting from use of a dangerous or defective product, contact an experienced and knowledgeable personal injury lawyer at the Gallegos Law Firm to determine the validity of your claim against the product manufacturer or seller and can assist in the recovery of maximum damages under the law.