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Guidelines and Reminders in Filing Product Liability Claims

By Edited Mar 24, 2016 0 0

Product liability is a hot issue nowadays. People file claims because of defective vehicles, auto parts, and even home appliances. Although they seem easy to handle, product liability claims are in fact confusing and complicated. If you do not have legal expertise and you pursued the claim on your own, do not be surprised if you fail to obtain compensation.

Fortunately, there are respected professionals who can attend to your legal needs. With a product liability lawyer on your side, you would be more aware of the different principles regarding product liability. Below are some guidelines if you plan to sue a party because of a defective product:

  • The party has an obligation to ensure your safety while using their product.
  • The party failed to follow that duty.
  • The breach of duty led to an accident, causing injuries and damages.

These are the points you have to prove before you can start filing a claim against the product manufacturer. Another thing you should consider is the type of defect that was present in the product or item. There are three different types of defects:

  • Manufacturing defect – This kind of defect takes place during the production process. One of the company's employees may have become negligent or a machine may have malfunctioned, which caused the product's defect.
  • Design defect – A product is said to have a design defect if the manufacturer was not negligent during the production stage. If a plaintiff files a case because of a design defect, he may suggest possible designs that would make the product safer.
  • Failure to warn – Usually, this happens when the products are placed in boxes for delivery. If the manufacturer failed to include a manual for a certain product, he may be held responsible if an accident happens.

If the product has one of these characteristics, then you have the legal right to file charges against the manufacturer. Once proven guilty, the defendant would need to compensate for your damages. These are some of the things the defendant would provide you:

  • Compensation for medical expenses
  • Replacement of the product
  • Legal costs

In a product liability claim, the most important factor is negligence. Make sure that you have nothing to do with the accident and the manufacturer was the only one responsible for it. If your negligence has contributed to the accident, your claim may be dismissed. For more information about product liability, just look for an expert Los Angeles personal injury lawyer to help you.

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