WHY SHOULD I FILE A CALIFORNIA PRODUCT LIABILITY CLAIM?
Posted on Friday, December 2nd, 2016 at 2:05 am
Millions of people are injured each year by dangerous and defective products. Those injuries result in billions of dollars in medical costs, lost wages, and other damages. Any product can potentially be a dangerous product. Children’s toys and furniture to cookware and beauty products — anything you use in your daily life can potentially cause harm to you or your loved one.
When a product does cause harm, you have certain legal rights. California’s product liability laws allow you to file a claim against the party or parties responsible for the product to recover damages for your injuries. But if a lawsuit cannot undo the damage done by a defective product, what is the purpose of filing a product liability claim?
Reasons To File A Product Liability Claim
There are several very good reasons why you should file a product liability claim.
The first is to recover compensation for your damages. When a product injures you, you suffer financial damages in addition to your physical injury. Examples of financial damages you may recover in a product liability claim include lost wages, medical expenses, property damage, and other out-of-pocket expenses directly related to the injury. In addition to the financial damages, you may also be entitled to receive compensation for mental suffering, physical pain, disfigurement, and permanent disability.
Another reason to file a product liability claim is to prevent the product from injuring other people. Your product liability claim may result in a recall for repairs, new safety warnings, a new design, some new instructions for use, or the product being removed from the market completely. By filing a product liability claim, you force the company to acknowledge and address the problem with its product.
Who Is Liable For An Injury Caused By A Defective Or Dangerous Product?
Any company or person involved in any aspect of the design, manufacture, marketing, distribution, or sale of a defective product can potentially be liable for injuries caused by the product. The party or parties named in a defective product claim depend on where in the process of design to purchase the flaw arises.
For example, if a product is dangerous because of a defect in the design, the designer may be held liable for damages. However, if the manufacturer of the product chose to change a key element to save money and that change resulted in the defect, the manufacturer could be held liable. On the other hand, if a distributor decided to repackage the product and failed to include the original safety warnings included on the label, instructions, and packaging by the designer and the manufacturer, the distributor may be held liable for damages. Likewise, if the retailer advertised the product for a use other than its intended use, the retailer could be responsible for payment of damages.
It is crucial that a Sacramento product liability attorney thoroughly investigate the circumstances surrounding product liability claim. The correct party or parties must be named in the claim for the victim to recover compensation for damages.
Hire An Experienced Sacramento Product Liability Attorney
If a product has injured you, don’t trust your case to an attorney who is not experienced in this area of law. Call the Sacramento product liability attorneys of the Tiemann Law Firm at (916) 999-9000 or chat with a representative on our website to schedule your free legal consultation with an experienced and skilled attorney.