Defective Products And Your Los Angeles Personal Injury Attorney

By Prev Info - February 12, 2022

 A Los Angeles personal injury attorney who deals in cases involving injuries from defective products has their work cut out. In many instances these types of cases can be difficult and time consuming to prove. This all depends upon the product and the company that you are dealing with.

So when is a product considered defective?

By law, a product is considered defective if it is unreasonably dangerous or causes an accident that happens through 'normal everyday use'. It can also be considered defective if there are not sufficient warnings, safety precautions, or indeed directions for safe use by the general public.

Who is held responsible?

When it comes down to effecting blame on a defective product it can be a little tricky. This is because companies can be held responsible for a faulty product at any point up and down the supply chain. For example, if a product can be proved to have a design defect, then the litigation should be filed against the product designers. If on the other hand, there is a flaw in the manufacture of the said product that has caused the accident, then damages should be sought directly from the manufacturers. It may well be that the product was perfectly serviceable when it left the manufacturers but due to bad storage or in the case of electrics, water has gotten in to the product, then the suppliers can be held accountable. 

As you can see, this is something that a skilled Los Angeles personal injury lawyer will have to prove. In many cases a good team of lawyers will be able to call upon a myriad of experts to help find out such information. This can include product specialists who have the in depth knowledge of the product in question and as a result are able to carry out a thorough investigation on the faulty equipment. Accident investigators can also be called upon to help ascertain exactly how the accident happened. Finally your lawyer might call upon independent medical experts who can examine the victim to ascertain the extent of the injuries sustained.

In the case of consumer products, distributors can also be held responsible if they fail to give warning of any potential dangers that come with the said product. For example lack of instructions or a warning label might be classed as a failure to give warning.

Express or implied warranty

Also a product can be classed as defective if it fails to live up to its warranty. There are two types of warranty and these are 'express' and 'implied' A good example of an express warranty is when a lawnmower is said to be able to cut longer grass with ease, but in reality the product doesn't do this. This means that the product is classed as defective under express warranty.

Implied warranty is neither a written document nor a verbal agreement. Instead it is a warranty which suggests that when a product is purchased, the consumer has done so under the 'implied' knowledge that the product does the job it is supposed to do. A good example of this is when a consumer purchases a kettle, there is a knowledge that the kettle will switch off automatically when the water has boiled. If however the kettle continues to boil and doesn't automatically switch off then this could be dangerous and can be classed as defective under 'implied warranty'.

A skilled personal injury attorney los angeles will have a good working knowledge of how product defects work and as a result will be able to take on your case. They will know which avenues to go down to affect a monetary claim in your favor, and will pursue this quickly and efficiently. A good lawyer will also have the financial backing behind them to be able to take on the big companies and win. In essence an experienced product defect attorney who has a proven track record is a real asset to your claim and because of this it really pays to shop around.



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