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Tens of millions of people each year have to seek medical attention for injuries related to consumer products. Thousands of deaths every year are related to consumer products. Many of these injuries and deaths happen to the most vulnerable and frail. On average, almost 20 percent of injuries happen to children ages one to four, and almost 30 percent to the elderly. (Data obtained from U.S. Consumer Product Safety Commission, Bethesda, MD 20814)
Undeniably many, but not all, of these injuries and deaths are caused by defective products. Thus, every year defective products cause substantial damages to society as a whole, and on an individual level, they thrust severe harm into the lives of innocent people.
Whether it’s a home appliance, a motorized vehicle, or a specialized tool, we depend on our products to operate right and be properly labeled to keep us safe. When a product is unsafe due to a product defect or manufacturer negligence, the manufacturers and sellers should be held accountable to those suffering the resulting harms and losses.
Thanks to product liability laws in the U.S., if you have been injured by a faulty product, you can recover for your harms and losses, which include the death of a loved one, medical costs, lost income, lost earning ability, anguish, suffering, pain, loss of enjoyment of life, emotional distress, depression and anxiety. Contact the best product liability attorneys in Lincoln, CA through D.B. Hill Law immediately to assert your claim.
What is Product Liability?
Product liability refers to a manufacturer or company being held responsible for putting a faulty product in the hands of a consumer, resulting in injury. The law governing product liability varies from state to state, and these cases can look different depending on the product’s warranty and use. Even though asserting a product liability claim may seem daunting, a dependable consumer product attorney in Lincoln, CA can help you to get the justice and financial recovery you deserve.
Most cases of product liability fall into one of these categories:
1. Negligence: If the manufacturer or seller of the product negligently causes its defect or fault, they can be held responsible. Negligence can occur in situations when a product is poorly manufactured, safety standards were ignored, or safety or warning labels on the product were not clear enough.
2. Strict Liability: It’s not always easy to prove negligence on the part of the manufacturer, especially when a product is mass produced. However, a manufacturer that places a defective product into the stream of commerce, which then injures or kills someone due to the defect, is strictly liable for the wrongful death. Manufacturers are also required to provide adequate warnings to consumers concerning dangers of the product, and if the manufacturer does not adequately warn consumers, causing injury or death, then the manufacturer is strictly liable.
3. Breach of Warranty: A warranty is a promise made by the seller or manufacturer of a product, claiming that it will work safely for a certain amount of time. If the product fails to meet the warranty standards during the warranty period, then the manufacturer is liable for your harms and losses.
There are different types of product defects which can form the basis of your claim. Proving the exact type of defect that caused your injury is generally the first step in filing a claim with a defective product attorney.
A design defect means that the product did not perform as safely as an ordinary user would expect it to perform, or the unsafe risks of the product outweigh its benefits. If a design defect exists, then the manufacturer and seller of the product can be held accountable for your harms and losses.
Manufacturing defect means that there was a fault in the specific product that caused you harm by not conforming to the design of the product. For example, if a mistake in the manufacturing process caused a product to have a missing part, which caused the product to fail and injure or kill someone, then the manufacturer and seller are accountable for your harms and losses.
Finally, a manufacturer and seller may be held to account if the product was improperly labeled, did not have adequate instructions, or was sold under false claims, which caused you or a loved one injury or death.
Consult a product liability lawyer in Lincoln, CA to determine what type of product defect caused your injury, help to determine who is liable, and help to identify the specific losses you can recover.
Filing a Product Liability Claim
Have you been injured by a faulty appliance, vehicle, tool, toy, or any other product? You may be eligible to recover your harms and losses on the grounds of product liability. The best thing to do is seek legal counsel immediately.
Call D.B. Hill Law right away to reach a professional product liability attorney in Lincoln, CA. If you wait, you could lose your right to recover due to various statutes of limitations. In most cases, the company responsible for your personal injuries or, God forbid, the death of a loved one, will try to avoid your claim by denying liability on a myriad of legal defenses.
We always begin with a free consultation, allowing us to become acquainted with you and your unique case. Having a product liability defense lawyer from a reliable firm like D.B. Hill Law can help you hold the manufacturer accountable, recover a fair value for all of your harms and losses, and obtain justice.