As consumers, we tend to assume that the products we use are safe and will not cause any harm. While manufacturers have a legal duty to ensure the safety of their products, they do sometimes make mistakes. Manufacturing companies may design a product to have inherent risks, make an error on the assembly line, or fail to warn consumers of a product’s potential hazards.
Manufacturer negligence can result in severe consumer injuries and even death. In these cases, product liability laws protect consumers, and it’s advised to seek the council of an experienced Los Angeles product recall lawyer to help seek compensation for damages.
Manufacturer and Distributor Duties for Product Liability
Product manufacturers, suppliers, and distributors have the responsibility to provide safe goods to consumers. This includes testing for safety, remedying known dangers, and proactively searching for other risks. This is especially the case for manufacturers of children products, which requires a special Children’s Product Certificate from the manufacturers and importers. The makers of the product in question must either eliminate anything that may make the product dangerous or redesign the product. They must also give adequate warnings for potential dangers and instructions on how to use the product. Electronics, for example, must have an electrical shock warning that describes the dangers of getting the product wet.
Suppliers and distributors have a responsibility to keep a product safe and free from damage while in their possession. If a product sustains damages or alterations while in the supplier or distributor’s hands, the courts may hold them responsible for consumer injury. Product liability laws give consumers the right to take a manufacturer or other party to court for injuries sustained while using the product in the way it was intended.
Product Liability Laws and Product Recalls in California
California abides by strict liability rules for product liability cases. This is beneficial for the victim, as it means that the claimant does not bear the burden of proof to show the defendant’s negligence. Unlike other personal injury cases in which winning compensation depends on the plaintiff’s ability to prove negligence, a product liability case only requires proof that the product’s defect caused an injury. As also expressed on HG.org, a claim must meet these three requirements:
- The product was unreasonably dangerous
- The victim suffered an injury
- The product defect caused the injury
To prove these three things, a claimant must have documentation of his or her injuries. This could include photographs of the injury and medical records. The claimant should also photograph the product that caused the injury. To prove that the product was unreasonably hazardous, a victim must show that it had a design flaw that made it dangerous, contained a manufacturing defect, or that it did not include proper safety warnings for use.
How to File a Product Liability Claim in Los Angeles
If a defective or dangerous product causes an injury, take photographs of the incident if possible. Seek immediate medical attention. Even if you do not believe that you need professional help, visit a doctor to document your injuries. Failure to seek medical attention can potentially reduce the amount of compensation you receive in a product liability lawsuit, as the jury may take it as proof that your injuries were not extensive enough to warrant medical intervention. After you address your immediate medical concerns, contact a product liability attorney.
Grey Law has experience handling complex product liability and product recall cases throughout the Los Angeles area. With a firm grasp of the local and state laws regarding company product responsibilities, our attorneys know how to argue on your behalf effectively. While our state’s strict liability laws make it easier for injured consumers to obtain settlements, the victim still bears a significant burden of proof.
Large corporations have the finances to make a strong defense against your case and will try hard to discredit you to save their reputation. Product liability cases deserve the attention of aggressive and dedicated lawyers. When you contact the Los Angeles personal injury lawyers at Grey Law with a product liability claim, we will help you fill out the required documentation and file a claim with the courts. Your attorney will be by your side every step of the way, representing you in and out of the courtroom. Call them today at (323) 857-9500.