The economy is driven by the mass manufacturing of products that are bought and sold all over the world. Not every product that gets put on the market is safe. Los Angeles product liability lawyers file claims on these cases frequently. Sometimes serious injuries result from these defective products. In some cases, consumers are unaware of how dangerous these products are and never receive an alert that these products get recalled. Other products never get recalled, despite the dangers and safety risks they pose.
What is Product Liability?
The product liability tort claims are derived from the liability of the parties who design, manufacture, and distribute products. Products that contain defects or the potential to cause harm to the consumer that buys it are the basis of these torts. Tangible and intangible items are now considered in these types of tort claims. This means that almost any item manufactured or sold could fall under the product liability tort if proper procedures were not followed during manufacturing.
Elements of a Product Liability Case
For negligent tort standards to be met, there have to be four elements present in a product liability case. Los Angeles product liability lawyers will look for these elements before they take a case.
- The defendant owes duty to the plaintiff to act as a reasonable person under the same or in circumstances similar
- There was a breach or failure in the duty of the defendant to act reasonably
- Injury or property damage occurred as a result
- The causal link between the defendant’s breach of duty or the injuries sustained by the plaintiff exists
The negligence in a product liability case can be traced back to the design of the product in some cases. Every part about the product’s existence on the market is under scrutiny during a personal liability lawsuit. These lawsuits often result from either the commission or the omission of the product’s defects.
Product Defects that Create Liability
When a manufacturer produces a product, there are three different ways that they can be held liable after the production of these products.
- Design Defects
- Design defects often exist before the manufacturing step of the process. Even though these products may serve their functions well, it can become dangerous due to the flaw in the design.
- In Los Angeles, the manufacturer will have to prove that the product’s design had no flaw.
- Defects in Manufacturing
- If the defect occurred during the manufacturing process, there would only be a few products that end up flawed instead of the majority
- Marketing Defects
- When defects in marketing occur, it means that the instructions that came with the product were not correct and they failed to warn consumers of potential dangers the product held
How Los Angeles Product Liability Lawyers Prove Negligence
Los Angeles product liability lawyers look for a breach in the level of ordinary care due by the manufacturers of these products. Even though Federal laws dictate that manufacturers are to notify the public of recalled items due to defect or potential dangers, they often do not do this.
The manufacturer may be found negligent in a product liability tort if:
- The manufacturer does not warn users about a risk that has been recognized with its product
- Any warnings that were released were too vague for consumers to have adequate knowledge
- The warning was not brought to the attention of consumers
The manufacturers are not required to warn consumers of the dangers of misusing a product because circumstances are rare and often unable to be seen. However, a manufacturer must warn of any dangers that have been confirmed. Placing these within the fine print of an instruction manual is not sufficient in most product liability torts.
Determining Liability in a Product Liability Case
One or more parties may be found liable in situations regarding product liability. Depending on the nature of the defect or danger, the product poses will determine whom a Los Angeles product liability lawyer chooses to pursue during the case.
Potential negligent parties include:
- The manufacturer of the product that has been deemed faulty
- The company that was in charge of making the parts for the product
- Any person or party that was in charge of putting the product together
- Any person or party that was in charge of distributing the product
- The wholesaler of the product
- Any retailer, brick and mortar or online outlet, that sold the defective product
Caveat to Negligence
There are some tort claims that the courts identify as beneficial to the whole of society, but they cannot be made entirely safe. These types of products are things like prescription medications and vaccinations. For these to fall under the product liability lawsuit claim, there must be something additionally wrong with them from the warnings or hazards they present.
Types of Product Liability Cases Taken by Los Angeles Lawyers
The Los Angeles offices of TorkLaw handle any product liability case you can think of. After the initial free consultation of your case, expert lawyers get to work proving product liability. There are many different areas and types of product liability.
- Auto and Auto Part Product Liability
- Malfunction with breaks
- Defects in airbags
- Defects in the engine or fuel tank
- Seatbelt failure
- Glitches with the software of an automobile
- Defective tires
- Problems with transmissions
- Defective Medical Devices and Drugs
- Children’s Products that are Faulty and Unsafe
- Products Used Around the House
- Defective kitchen and home appliances
- Defective power tools
- Faulty alarm systems
Finding a Los Angeles Product Liability Lawyer
There are many product liability lawyers in the city of Los Angeles. Each one has its own qualities and traits when handling a product liability case. TorkLaw offices in Los Angeles have been handling product liability cases for many years. Legal experts at the TorkLaw offices are standing by to provide free case consultation regarding your product liability claim.
If you or someone you love has fallen victim to a faulty product or manufacturer, TorkLaw offices want to take the case. Call 888.845.9696 to receive your free product liability case consultation.