When accidents happen due to a defective product that has been produced and marketed by a company, San Diego product liability lawyers are the ones who fight for the compensation to help the clients that have been affected by the defective product. TorkLaw works closely with clients to help get the word of these defective products out there so that no other person has to feel the pain or suffer from defective products. Unfortunately, in some circumstances, people don’t know of the risks associated with products until it is too late.
Product liability cases are filed on a contingency fee basis with product liability lawyers. These fees are contractual and are not paid until the case is won. TorkLaw takes pride in being able to help you with your case and making the defects in products known to the public to help stop severe injuries from occurring.
How Product Defects Create Liability
After the design of a product is completed, it will go to a manufacturer. There are different ways that manufacturers can be held liable in a product liability lawsuit. Sadly, many injuries occur because products are not removed from the market in a timely manner, and consumers are not given the correct information. That is why product liability lawyers in San Diego exist.
- Defects in the design
- Design defects exist before the manufacturer produces the product. Despite the fact that the products serve their intended purpose, these defects make them extremely dangerous due to the flaw in the design.
- In a San Diego product liability case, the manufacturer will have to prove a lack of design flaw
- Manufacturing defects
- To be able to point the finger at the manufacturing process, there would only be a few products with a flaw in the design, not the majority. These are the pieces that are often recalled by a batch number instead of in its entirety.
- Defects in marketing
- Instructions are the number one defect in the marketing of products. When these instructions are not transparent or do not warn consumers of the dangers of the product, these are when liability occurs
How San Diego Product Liability Lawyers Prove the Negligence
Product liability lawyers have to be able to prove that the designer, manufacturer, or marketing company failed to execute a level of care (or duty) when putting a product on the market that inevitably caused harm. Federal law requires that recalled items be taken off the market and the public notified in a way that these dangers are avoided.
Negligence may be found if:
- Manufacturers did not warn the general population about risks that have been recognized with the use of the defective product
- Warnings about the product were too vague for consumers to have real knowledge about the danger
- Consumers were not adequately informed of these warnings
These do not apply to any misuse of the product in question. Manufacturers are not required to inform the public of the dangers that they may encounter if misusing a product. The only dangers that have to be informed on are the ones that have been confirmed. Placing the information in the fine print of the instruction manual does not suffice for avoiding a product liability case.
The courts do not identify things like prescriptions and vaccines in a product liability case because they benefit society as a whole despite the potential side effects to some. There has to be something else wrong with them to be considered hazardous.
Elements of a Product Liability Case in San Diego
For product liability negligence standards to be met, lawyers have to prove four elements. San Diego lawyers have to prove the following:
- The defendant, which could be the designer or manufacturer, had a duty to act reasonably
- The defendant failed to act reasonably and breached their duty
- The injury or damage occurred as a result of the breached duty
- The link between the breach and injuries exist as the causation
Many of the product liability claims with negligence as a factor result in the omission of details that exist about the product’s defects. The omission of facts implies just as much guilt as those who made the defective products.
Cases Taken By San Diego Product Liability Lawyers
In the city of San Diego, TorkLaw offices handle a wide assortment of product liability cases. These product liability cases include:
- Auto and auto part product liability
- Brake malfunction
- Airbag defects
- Engine or fuel tank defects
- Software glitches in a car’s computer
- Transmission problems
- Defective tires
- Defects in medicines and medical devices
- Faulty and unsafe children’s products
- Household products
- Kitchen and defective home appliances
- Power tools with defects
- Faulty alarm systems
Many of the injuries associated with faulty or defective products could be avoided if the manufacturers notified the public of their risks. That is why so many product liability lawyers exist to make the manufacturers liable for their negligence. For those where a product has injured multiple people, lawyers will file a class action tort. Class action torts are the cases where a large company it sued by multiple people, and the settlement is split among them.
Hiring Experienced San Diego Product Liability Lawyers
The offices of TorkLaw in San Diego are accepting product liability cases from San Diego and the surrounding service area. If you or a loved one is the victim of a defective product and are seeking compensation for an injury, call the law offices of TorkLaw.
Victims of products that cause injuries or damages no longer have to be silent. TorkLaw is ready to be the voice and help collect the damages clients are entitled to due to the injuries sustained by these products.
Although there are many product liability lawyers in the San Diego area, there are none that will care about your case as much as TorkLaw. For a free case consultation, call our toll-free phone number at 888.845.9696. Legal specialists are standing by.