Many of us probably encountered a product that was defective. A product may not have worked as well as we had hoped or perhaps it had been damaged at some point between where it was manufactured and the place it was sold. Usually, the problem is easy to resolve: we take it back to where we purchased it for a refund or a replacement. However, there are times when using a product will lead to unexpected damage to our home, our automobile, or even an injury to ourselves. When this occurs, some may highly consider filing a product liability lawsuit.
Product liability is a particular branch of civil law that holds a manufacturer responsible for the design, production, and testing procedures, to ensure that the product is safe to use and provides proper instructions for its use. A failure to perform any of these actions, or to perform them in a manner that would have detected a problem with any of these factors, may indicate that an unsafe product has entered the market. Furthermore, the manufacturer could be held responsible for any damages or injuries sustained by using their negligently-produced product. Many of the factors that may lead to such a product liability lawsuit can be found in the following:
A design defect occurs when the designers of a product fail to recognize that some aspect of the product could potentially lead to the risk of damage to property or an injury to the user. An example of defective design could be an electrical switch that cannot handle the amount of current necessary for a product to operate.
Assembly defects may occur if a product is assembled using damaged or improper materials. An example could be when brake pads on a delivery truck were cracked when they were installed and later failed in heavy traffic.
A product that has caused damage, injury, or both when it was in normal use could lead to a product liability lawsuit regardless of the circumstances of its design, assembly, marketing, or sale.
The manufacturer of a product must provide instructions for that product’s proper assembly and safe use. In the case of an outdoor gas grill, if the instructions for use do not tell you to close a certain valve before changing propane tanks and a flash burn occurs, or if the instructions do not state that the grill cannot be safely operated inside a house and a fire occurs that destroys the house, a liability lawsuit for insufficient instructions could be filed.
Toy injury liability lawsuits may be filed if a toy injures the user during normal use or even if it is used improperly in a manner that the manufacturer should have anticipated.
The above examples are only a few of the ways that a defective product can lead to a serious product hazard that may cause both physical damage and personal injury.
When we purchase and use any product we have a legal right to expect it to be safe to use. If, to our surprise, the product causes damages to property or injures someone, we also have the legal right to file a liability lawsuit against the manufacturer to compensate us for any damages that we have sustained.
If this is the case, and if you live in the Greater Los Angeles area, the first step is to contact a JT Legal Group representative who will review the available facts related to the product that caused our injuries and the circumstances under which those injuries occurred before rendering an opinion regarding the merits of the case.
In Glendale, the attorneys of the JT Legal Group are experienced in all aspects of product liability lawsuits. From your initial consultation, through pre-trial interviews, to defending your interests in court, Jt Legal Group attorneys will work to make sure that you receive your proper settlement.
-- Jack Ter-Saakyan, Esq.
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