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San Diego Defective Products Lawyers
- October 7, 2016
In California, state and federal laws enforce consumer rights. These rights define the duty owed to consumers by all manufacturers who release products to the public. Any product that leads to consumer-based injuries is a direct violation of these laws. The El Dabe Law Firm provides assistance for consumers who sustain these injuries.
Defining a Products Liability
A products liability denotes a failure by the manufacturer to provide a proper duty to consumers. This failure is based on negligence, breach of warranty, or a strict liability. Essentially, it suggests that the manufacturer either didn’t create a safe product or failed to provide adequate warnings of possible risks.
How is a Strict Liability Defined?
First, a strict liability is based on an unreasonably dangerous error or defect. Circumstances in which this dangerous defect was produced include the design, during assembly or production, and when it was shipped. Next, an injury was produced due to improper use of the product. Finally, the defect or error wasn’t corrected, and the manufacturing or assembly process wasn’t modified. If all of these conditions are present, the manufacturer is held at a strict liability in the lawsuit.
What is Negligence in a Products Liability Case?
Negligence is identified by awareness. Under this claim, the manufacturer knew about the defect and didn’t take action to correct it. During testing, the manufacturer discovered the risk and what circumstances generated an injury. The manufacturer made a conscious decision to refrain from warning the public about these risks. They didn’t include special instructions for using the product that prevented probable injuries. These actions were negligent and violated the consumer’s rights.
Secure the Product and Packaging
In preparation of the case, the victim secures the product and its packaging. It is vital for them to present the exact product they used in their claim. They should never purchase a duplicate of the product identified. Their attorney needs the original product to conduct testing. The packaging determines if the manufacturer warning the consumer of any possible risk.
The Defense of Awareness of the Risks
A tactic to discredit a products liability case is the defense of awareness of the risks. By using this claim, the manufacturer implies that the consumer learned of the risks and chose to continue using the product. For this reason, victims in these cases must stop using the product immediately after their injuries are produced.
What are the Types of Defects Associated with Products?
A manufacturing defect occurs when the manufacturer fails to test the product for risks. By testing the product, they learn of any defects that could produce injuries. Without this process, the manufacturer is placing consumers at risk. For example, manufacturers who create fire-resistant clothing must test the clothing before releasing it. If a consumer is burned while wearing the product, the manufacturer is liable due to a failure to test the product for these defects.
A design defect occurs when the design for the product presents risks. Common flaws in product designs lead to the separation of moving parts that generate injuries. For example, a design flaw exists in products such as an axe, if the blade detaches from the handle. Under these circumstances, the blade could fly backward and injure the consumer.
A failure to warn exists when the manufacturer failed to apply warning labels to their products. The same ruling applies if the product requires special instructions. They are liable if consumers become injured, and the manufacturer didn’t use these packaging requirements.
Testing and Analysis of the Product
An attorney orders testing and analysis of the product to acquire evidence of a risk. They utilize the discovery process to acquire the plans and design for the product. The findings of this assessment define if the manufacturer is liable and the victim has a viable claim. In some cases, according to NYC criminal attorney Steve Raiser, it may be possible a criminal investigation may be done as well by the government.
Why Consumers Need El Dabe Law Firm
The El Dabe Law Firm has a proven track record of success in representing consumers in products liability cases. They comprehend the full scope of requirements for these cases and follow legal protocol properly. They also understand how taxing these circumstances are for victims and provide them with compassion and guidance.
In California, victims of products liability cases need exceptional legal services to acquire compensation. Under state and federal laws, any manufacturer who releases a faulty or dangerous product is liable for any injury sustained by these consumers. Victims who wish to file a claim contact the El Dabe Law Firm to schedule a consultation today.