Posted on Thursday, August 30th, 2018 at 4:19 am
When you purchase a product, you do not expect that product to cause an injury. Unfortunately, defective products injure thousands of consumers each year. Some products are recalled because they pose a potential for injury. The U.S. Consumer Product Safety Commission has a Recall List on its website that is updated as new recalls are issued. However, a product does not need to be recalled to be considered dangerous under a product liability claim.
If you believe a defective product injured you, contact our Sacramento product liability attorneys for a free consultation. You may be entitled to recover compensation for your medical bills, loss of income, and other damages.
Who is Responsible for a Defective Product?
Product liability cases are usually complex because they involve proving that a product was defective, how the defect occurred, and the defect was the cause of an injury. One of the first steps is to determine how the product is defective. In most cases, industry experts are consulted who can examine the product to determine the flaw. It is important that you keep the product, all components, packaging, and instructions, if possible. Our Sacramento product liability attorneys work with experts to trace liability for the defective product to one or more parties. If the defect is inherent in the design of the product, the designer could be liable for your damages. However, if there was a problem in the manufacturing process, the manufacturer could be liable. In some cases, a retailer, wholesaler, or packaging company could be held liable for failing to provide adequate instructions or mislabeling the packaging. Because multiple parties may be liable in a product liability case, it is important to work with an experienced Sacramento product liability attorney. Once the responsible party is identified, you must still prove liability for your damages to recover compensation from that party. Some of the basic elements of a product liability claim that you must prove to recover compensation include:
- The product was defective in its design or manufacturer. The defect may also be traced to a failure to warn or instruct on proper use.
- The defect or failure to warn was the cause of your injuries.
- You suffered damages because of your injuries.
- You were using the product for its intended purpose according to the manufacturer’s instructions and warnings.
In addition to proving these elements, your attorney must also determine the allegations to pursue in a product liability lawsuit. Some defective product claims are based on strict liability while others are based on negligence or breach of warranty. Each case may have additional elements the must be proven to win the case. An experienced Sacramento product liability lawyer understands how to investigate and work with experts to gather the evidence required to prove the claim.
Contact a Sacramento Product Liability Attorney for a Free Case Review
If a product injured you, we want to hear your story. Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to request a free consultation with one of our California product liability lawyers.