San Bernardino Products Liability Cases

What Is A Products Liability Case?

When a dangerous or defective product exists, the manufacturer or seller should be held responsible. Dangerous or defective products put all consumers at risk and innocent people can be injured or even lose their lives in the process. Product defects can be broken down into three distinct categories:

• Marketing Defects are defects that include improper warning or inadequate safety warnings or instructions. A product that is missing important instructions or safety warnings can unnecessarily put you and your family at risk. Failure to warn a consumer of potential hazards can lead to serious or catastrophic injuries and even death.
• Design Defects are defects that are a part of the product’s design making it dangerous or unsafe. These products can pose major hazards and can include poorly modeled vehicles, flawed children products and poorly designed medical equipment and devices.
• Manufacturing Defects are defects or flaws that are occur during manufacturing or assembly.

Injuries From A Dangerous Or Defective Product

Defective products can range from auto and tire defects to small appliance and children’s toy defects. No matter the size or use of the product, the danger to consumers is still very real. In an effort to keep consumers informed of potential dangers, the Consumer Product Safety Commission provides all consumers with a list of recalled products, news releases and safety education materials. A product is considered defective if it is more dangerous than a reasonable user would expect it to be.

Examples of injuries due to product defects include:

• Physical injuries sustained due to rolling vehicles or tire malfunctions
• Physical injuries sustained in an automotive accident due to defective airbags
• Shock or electrocution due to defective wiring in a product
• Cuts or lacerations due to unreasonably sharp edges on a product
• Choking or suffocation due to small parts in children’s toys

Defective products can cause life-altering injuries. Consumers have sustained brain injuries, burns, spinal cord injuries, and loss of limbs as a direct result of defective products. These injuries greatly impact the quality of one’s life and injured parties deserve compensation.

Compensation In A Products Liability Case

Defective or dangerous products may lead to compensation in several forms. Product liability cases are intended to give affected consumers who are harmed by the products a remedy for their injuries or losses. A consumer may be able to recover damages for:

• Costs of medical treatment
• Future medical bills for long term injuries
• Pain and suffering
• Lost wages and a loss of earning capacity
• Loss of consortium
• Possible punitive damages

Who Is Liable For A Dangerous Or Defective Product

Many product liability cases require the injured party to establish that the product was defective, the defect existed prior to the manufacturer releasing the product, and that the defect caused your injury or damages. When a defective product does cause injury, many different parties can be held liable, including:

• The Designer of the product
• The Manufacturer of the product
• Parties that install or assemble all or part of the product
• The Distributor of the product
• The Retailer who sold the product

Steps to Take If You Believe You Have Been Injured By A Dangerous or Defective Product

If you have been injured by a product and may have a product liability case, here are a few steps to take to ensure the best possible outcome:

1. Be safe. Immediately discontinue use of the product. If you are injured, seek medical attention.
2. Contact a professional. Victims of defective products have a limited amount of time to pursue compensation for their injuries. This statute of limitations in California is two years from the time of the injury. By contacting a professional in a timely manner, you have more time to build a case.
3. Keep the product and document everything. It is vital that you document how the injury happened and how exactly the product is defective. This documentation can go a long way in building a case. Keep the product, packaging and any instructions or labels. These items are important to your case.

Contact A Professional San Bernardino, California Products Liability Attorney

Product liability cases are some of the most technical and complex civil suits. The number of potentially liable parties, the specialized expert knowledge required to prove that a defect existed or was dangerous, and the strong position of large companies means that a product liability case can be an uphill challenge for plaintiffs injured by a defective or dangerous product.

The best way to ensure that a company does not go unpunished for their negligence in creating a dangerous or defective product is to retain a California products liability attorney for your claim. An experienced product liability attorney can help you and your family navigate the many facets of a products liability claim. From a lengthy discovery to taking on a large corporation to negotiating a settlement for your claims, it is important to have an attorney on your side with the knowledge and resources required at your side through the entire process.

If you or someone you know has been injured by a dangerous or defective product, the attorneys at the Heiting & Irwin can help you recover for any injuries that you have sustained. Contact them today for a free confidential case evaluation.

About the Author:

Heiting & Irwin, APLC