Westminster Spinal Cord Lawyer
Product Liability & Defective Products
Injuries caused to a person or property that are the result of a defective product, even when the person has properly used a product, are quite common across the country. These defective products often reach the consumer in the form of an improperly designed appliance or device, food laced with bacteria, or any item that was manufactured incorrectly.
While there are many ways for defective products to unknowingly hit the market, California statute of limitations laws for defective products require those injured by these items to bring their claims to court within a certain time period. For this reason, is very important that you contact an attorney as soon as possible following the injury.
Recent Examples of Product Liability Cases
- Samsung 7 Phone Battery
Lately, Samsung has been having well-publicized issues with its new smartphone product, the Galaxy Note 7. The battery has been the cause of cancelled airplane flights, burning cars, hotel room destruction as well as house fires. The phone has had a problem of overheating, catching fire and even exploding while charging. Released in August, there have been thirty-five confirmed cases of the smartphone’s lithium ion battery pack catching on fire.
- e-Cigarette and Vaping Pen Explosions
Vapers across the country are being seriously injured by exploding electronic cigarettes. Fire officials say the problem lies in defective e-cig batteries, but retailers may also be responsible for failing to warn consumers.
- Air Bags
According to a statement from the U.S. National Highway Traffic Safety Administration (NHTSA), nearly 68 million airbag inflators produced by Japanese manufacturer Takata are defective.
While most toys are safe, there are some that pose serious dangers to children. Each year over a quarter of a million children are injured and/or killed by dangerous toys. And those are just the reported injuries.
Do I Have a Legitimate Product Liability Claim?
There are numerous ways for a consumer to be injured by a product he/she has purchased, but it does not necessarily mean that the product is faulty or that the manufacturer is liable. Product defects can be the result of some form of negligence or oversight at some point during the design, manufacture or sale of a product. Product liability claims typically involve the following:
- Design Defect – The design of the product itself is unreasonably dangerous and poses a threat to the user
- Manufacturing Defect – An error occurs while the product is being manufactured that makes it dangerous to use
- Failure to Warn – The manufacturer does not include any warning of potential dangers of using the product
- Marketing Misrepresentation – The sellers do not provide adequate instruction or warnings about using the product and misrepresent how the product should be used
How Can I Prove the Product was Defective?
A successful product liability claim will typically require a few types of evidence. First, the injured person must prove the extent of the injuries or illness caused by the faulty product with medical records, photographs of the injury and other signs of damages.
You will also need to prove that the product in question was, in fact, defective. It is important that the product that caused the injury is kept to use as evidence. A knowledgeable and experienced product liability lawyer will be able to investigate whether the product was faulty due to a manufacturing error, design defect or other hazard. If the product was being used as it was intended and the defect directly caused the injury, a product liability attorney at Duque Law will have a strong case to support your claim against the liable party.
Contact Us Today
If you believe that you have been injured by a defective product, please give us a call immediately. We understand that every case is unique and our team of experts are waiting to help you with the specifics of your case. We pride ourselves on being responsive and accessible, and we are always committed to going the extra mile for all of our clients.
Contact our Orange County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.