Defective Products in SB
Products that are manufactured to be sold to consumers have laws requiring them to be safe when used as intended. Products unfortunately are not always safe and this is often seen in San Bernardino newspapers and other media outlets. These are safety violations such as lead paint found in children’s toys, vehicles that burst into flames upon impact or pharmaceutical drugs that have caused injury and death to unsuspecting consumers.
Product liability laws have been established to protect the consumer when they become a victim. If you or a loved one has been injured, consult our San Bernardino defective product attorneys without delay. The competent defective product lawyer can ensure that the responsible parties are held liable for the manufacturing and sales of a defective product and the financial expenses should not fall onto the injured consumer.
When bringing a product liability case, it will be necessary to prove your claim. The manufacturer can be found liable, in the event that they did not exercise reasonable care in the production of a safe product. Product liability in a defective product does not make a difference in connection with liability if the defect occurred in the design or in the manufacturing process, or even if it was not found during quality testing.
If the product is used as intended and causes injury to a consumer, and it is found the manufacturer did not use reasonable care in producing a safe product, the manufacturer may be found negligent. Negligence is not the only reason that this type of claim can be filed for product liability claims. There can be multiple causes for the product liability lawsuit, which the defective product attorney in San Bernardino can seek compensation for the laws that are relevant in your case.
Strict Product Liability: In this claim the injured party is not responsible for showing that the manufacturer was negligent in order to win their case. The strict product liability case under California law can be brought when the consumer is injured by a product that can prove:
- The product they purchased or used was defective.
- The product’s defect is what caused the injuries
- The manufacturer sent the product out of the factory in the defective condition.
Breach of Warranty:
This occurs when the manufacturer provides a warranty with a product, which guarantees the product will live up to the claims in the warranty. When the product does not perform as promised, or in the manner claimed in the warranty, the consumer will normally be able to have the product repaired or replaced. This will depend on the terms of the warranty. When the product fails to perform in the warranted manner and causes physical injury to the consumer, the consumer may be entitled to damages under the breach of warranty laws.
The San Bernardino product liability law firm will present the proof necessary to recover the damages you deserve, no matter what type of claim, whether it is based on injures breach of warranty, negligence or strict product liability. Evidence that you may have such as photos of the injuries or damage caused by the product should be saved and your lawyer will be able to use this to prove your case. The receipts, boxes, and literature that were included with the product should be saved and given to your San Bernardino product liability lawyer to use as evidence.
When bringing a lawsuit against the liable parties, the recovery will depend on several factors; the first will be the extent of the injuries sustained by the defective product, if there was property damage and whether one or more parties can be held negligent. Having the experienced San Bernardino product liability lawyer can ensure that all of the liable parties are named in the lawsuit and the evidence has been properly investigated and preserved.
Some of the damages that may be recovered by the defective product attorney in San Bernardino may include:
- Medical expenses
- Loss of income
- Property damage: Your lawyer will seek property damage when the defective product has caused harm to real property, such as a kitchen when the product caused fire or other damages to the property.
- Pain and suffering Punitive damages: The victim may be awarded punitive damages in some cases, when the manufacturer knows there is a defect and still sends the product to be sold to the unknowing consumer with disregard to the potential dangers of causing injury.
- Punitive damages are an award separate from the compensation recovered that is intended to punish the manufacturer for their negligent conduct.
When a consumer is injured by a defective product in San Bernardino they require an attorney that is practiced in the laws involving defective product liability. This type of case is not something that is best served by a personal injury lawyer, who does not have experience or knowledge of product liability laws. The advantage of the experienced lawyer is having the resources to be able to prove the case and the litigation skills to recover the compensation the injured victim deserves.
The Ehline Law Firm, PC focus on personal injury claims, including product liability cases. Our lawyers have a record of successful outcomes on behalf of our clients and offer a free consultation to discuss your case. Please call us at 888-400-9721 to discuss your legal options or use our website contact form.