Consumers trust that the products they buy are safe. But unfortunately, consumers are often hurt by the products they use every day. A bungee cord snaps and blinds someone. A motorized gate breaks the arm of a small child. An airbag releases without warning. When defective products unexpectedly hurt people, manufacturers are sometimes the cause. That’s when you need to call the Law Offices of Elliott N. Kanter.
Protect your rights. Call the Law Offices of Elliott N. Kanter for a no-cost, no-obligation consultation.
WHAT A DEFECTIVE PRODUCT DEFENSE ATTORNEY CAN DO FOR YOU
If you receive an injury due to a defective product, you can seek compensation. The product liability law protects consumers from products that perform in an unexpected and unsafe manner. There are three different theories on which a product liability action may be based:
- Negligence. A manufacturer must take reasonable care when designing, testing, and inspecting products. They must also take care to warn of possible dangers. When a manufacturer fails to do so, a consumer may prosecute under a negligence theory.
- Breach of Warranty. Manufacturers are required to warn consumers of any dangers. That’s usually the purpose of the fine print on labels and documents when you buy a product. When these warranties are breached, an injured party may recover damages resulting from the breach.
- Product Liability. California law has led the way in strict product liability. In a strict liability claim, the injured party need only show that:
- The product was defective.
- The defect existed before the product was released.
- The defect caused the victim’s damages.
THE THREE TYPES OF PRODUCT DEFECTS
The injured party may prove that a product is defective from any of three types of defects:
Be sure to keep the product along with any packaging, instructions, and labels.
- Design Defects. Design defects arise when every production of that model or type is defective. This means the product was designed in a way that makes the product reasonably dangerous to anyone who uses it. For example, a ladder that is designed to fold in and collapse when pressure is applied to the highest steps has a defective design.
- Manufacturer Defect. When a product has a defect from the manufacturing production line, the manufacturer may be held liable for failing to inspect and prevent the product from reaching the market. In these cases, the design is not the issue, but mistakes were made during the actual production of the product. A ladder which was properly designed, but then accidentally made with a very weak, flimsy material would have a manufacturer defect.
- Failure to Warn. When instructions don’t warn of the dangers involved in using the products, the manufacturer may be held liable. Warnings also need to be clear, concise, and visible—they must fully explain the danger and its consequences. Although medication may come to mind when you think of failure to warn defects, this could occur on almost any product. For example, blow dryers that do not come with warnings about electrocutions could be considered a failure to warn about defective products.
WHO IS HELD LIABLE IN DEFECTIVE PRODUCT CASES?
It’s possible for a product to have multiple defects or for more than one party to be held accountable for the defects. If a product just has a manufacturer defect, only the manufacturer would be held liable. But, if the product has both a design and manufacturer defect, the manufacturer and the product design and engineering companies could be held liable. Determining what type of defect caused your injury is one of the first steps product liability lawyers will take in a product liability case and one of the most important, too.
Regardless of the type of defect, you must have been using the product in the way it was intended to be used at the time of the accident in order to have a product liability claim. If you were not following the instructions provided for the product, you may not be able to hold any parties liable for your injuries, since they were caused by your negligence and not a defect.
HOW WE CAN PROVE A PRODUCT IS DEFECTIVE
To get compensation in a product liability case, you will need to prove three elements:
- The product had a hazard that posed an unreasonable danger to the user
- The victim suffered an injury as a result of the hazardous product
- The defective product caused the victim’s injury
If you have been injured by a defective product, you may be entitled to compensation. Speak with San Diego product liability attorney Elliott N. Kanter immediately following an injury to discuss your legal options.
WHAT TO DO IF YOU’VE BEEN INJURED BY A DEFECTIVE OR DANGEROUS PRODUCT
If you or someone else has been injured by a product, be sure to keep the product along with any packaging, instructions, and labels. These items will be very important when proving your case. Take photographs of the product and the injuries that it caused, and keep all documentation for your medical treatment. As a victim, you have no legal obligation to prove the manufacturer, retailer or distributor acted negligently in ensuring the product was safe. All you have to prove is the product caused your injury and you were using it the way it was intended to be used. This makes it easier for you to pursue compensation after an injury, but it does not mean compensation is guaranteed by any means.
Then be sure to call a law firm with experience dealing with product liability cases. Contact lawyer Elliott N. Kanter after you have been injured by a defective product for a free legal consultation.
LET US HELP YOU
The Law Offices of Elliott N. Kanter is not a corporate law firm. We’re here to help people like you in their fight against careless manufacturers. In fact, we have over 30 years of experience in representing our clients in personal injury cases. Our practice includes car, pedestrian, and truck accidents, motorcycle accidents, slip and fall accidents, bicycle accidents, wrongful death, elder abuse, dog bites, and product liability claims. To contact the Law Offices of Elliott N. Canter by phone or email at email@example.com today for free case consultation with our team. Tell our San Diego products liability attorneys your story, and we’ll offer you legal advice and get started on your lawsuit right away.