We use different types of products daily. Whether you’re at home, working, at school, at the gym, store, or just taking a drive, there’s bound to be a product you’re relying on to make your life easier.
Unfortunately, there are a significant number of products that come with defects and are likely to malfunction whether they’re used the right way or not. Defective products can cause illnesses, poisoning, explosions, burns, broken bones, and even death.
If you’ve suffered any type of loss from using a defective product, you can hold a manufacturer or the individual who sold you the item responsible. But how do you prove a product liability claim to collect your compensation? Here’s how you can do it with the help of a lawyer near you:
Types of Product Defects You Can Sue For
When filing a product liability claim, it’s important to understand the type of defect that the injury-causing product had. There are three types of product defects:
- Manufacturing Defects – This occurs when there’s an error during the production process. Often, manufacturing defects affect a particular batch of products only or goods from a certain assembly line. For example, metallic elements from a machine can contaminate food products and cause an illness when consumed.
- Design Defects – These defects are caused by an improper design of a product. This means that the product was not sufficiently tested and normally, the designer can be held liable if this causes injuries to a consumer. Product manufacturers and designers are also expected to conduct a recall whenever they determine a defect after distribution.
- Warning Defects – Some products are safe to use but can have particular side effects. If these likely effects are known, the manufacturer should provide a label with all this information so that the consumer is aware of the risks. Failure to do so, the producer, designer, distributor, or retailer can be held liable for lack of warning defects.
What You Need to Prove a Product Liability Claim
California’s product liability laws have made it easy for victims of defective products to seek and receive compensation. The strict liability rule in product liability claims state that the plaintiff does not have to prove a manufacturer’s negligence as long as they can show the following:
- The defendant manufactured, designed, or distributed the defective product in question.
- The product was defective in one way or another.
- The plaintiff was using the product in its intended manner.
- The particular defect caused injuries or other harm to the plaintiff.
Get More Help from a Product Liability Lawyer
Filing a product liability claim and proving fault means going against large corporations that are not likely to go down easy. They’re also likely to have fierce legal representation, as well as an insurer who’s bent on awarding you the least amount of compensation possible.
To match up with this, ensure that you have professional legal representation as well. At Kohan & Bablove Injury Attorneys, we have helped numerous consumers get their deserved settlement by holding manufacturers and retailers accountable.
Speak with a product liability attorney in a free consultation by calling 949.535.1341 or filling out the contact form on this page.
