San Diego Defective Products Lawyer
Any product that leads to consumer-based injuries is a direct violation of these laws. El Dabe Ritter Trial Lawyers provides assistance for consumers who sustain these injuries.
If you’ve been hurt by a defective product, you might be entitled to sue for compensation. Large manufacturers have impressive legal teams fighting off these claims, so victims need an attorney of their own in their corner. Our defective products attorneys in San Diego will make sure to fight for your rights.
Types of Product Liability Cases
Our legal team has helped countless people hurt by shoddy, dangerous products. Some of our clients suffer horrifying injuries as a result, and they need our help to secure compensation.
Our San Diego defective product lawyers can help anyone injured in the following:
- Defective highchairs that tip over and send your baby tumbling to the floor.
- A defective bureau or chest of drawers that tips over and lands on a child, killing them.
- Defective car seats that fail to work properly, allow your child to get tossed around in the car during a wreck.
- Dangerous clothing that catches on fire because it doesn’t satisfy federal fire standards, and you suffer burn injuries as a result.
- Lithium batteries in a cell phone or computer that catch on fire and burn down your house or cause physical injuries.
This is only a partial list of dangerous products. The reality is that any product can be unreasonably dangerous when not manufactured, designed, or packaged properly. If you get hurt or suffer any type of loss, please contact El Dabe Ritter Trial Lawyers today.
Defining a Products Liability
A product liability denotes a failure by the manufacturer to provide safe products to consumers. Consequently, they face legal liability when these dangerous products end up hurting people.
Victims can seek compensation on different theories of liability:
- Breach of warranty
- Strict liability
At El Dabe Ritter Trial Lawyers, we have experience bringing defective product cases using all of the theories listed above. Let us decide which ones are best suited to your case. Sometimes you can bring all three, whereas other cases only use one.
How is a Strict Liability Defined?
Under strict liability, a manufacturer (and others) is liable to victims when an unreasonably dangerous product injures them. This is a good law to have. Victims won’t need to argue that the manufacturer was careless in how it designed or manufactured the product. Instead, it’s enough that the product was unreasonably dangerous, and this dangerous product ended up hurting our client.
What makes a product unreasonably dangerous? It might be dangerous due to:
- Design defect
- Manufacturing defect
- Inadequate warnings or instructions
Next, we need to show an injury was produced due to the 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 for 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 warns the consumer of any possible risk.
The Defense of Awareness of the Risks
A tactic to discredit a product’s 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 of 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 ax, 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
One of our defective product attorneys orders testing and analysis of the product to acquire evidence of a risk. They will utilize the discovery process to acquire the plans and design for the product. For example, we might force a manufacturer to disclose internal tests or complaints which have not been made public.
The findings of this assessment define if the manufacturer is liable and if 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.
You Are at a Disadvantage without an Attorney
Trying to sue a large company is a headache. Many of them simply deny liability or even blame you for using the product wrong. They also employ gigantic legal teams to aggressively fight any claim. And if they do make an offer of compensation, you can be sure it is low—much lower than what you deserve.
A seasoned San Diego defective product attorney can help. We can quickly spring into action to put the manufacturer on notice that they have a dangerous or deadly product on the market. We also will begin gathering evidence that you need to make a claim.
We also lean on expert witnesses to inspect the product at issue. These experts might identify design or manufacturing flaws—all of which bolster the strength of your case. Often, we can put together a compelling argument so that a manufacturer has no choice but to offer fair compensation just to avoid negative media coverage.
Why Consumers Need El Dabe Ritter Trial Lawyers
Injured consumers in San Diego need the services of our defective product attorneys because we have a proven track record of success in representing consumers in product liability cases. We comprehend the full scope of requirements for these cases and follow the legal protocol properly. We also understand how taxing these circumstances are for victims and provide them with compassion and guidance.
In California, victims of product 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 can contact one of our San Diego defective products lawyers to schedule a consultation today.
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