Products Liability
When a product is defective and causes injury to
the purchaser or user of the product, a products liability case arises. Liability can lie with the seller, manufacturer, assembler, wholesaler, and retailer of the product, depending on the particular circumstances surrounding the injury.
Products liability cases may arise when a dangerous product is
sold on the common market.
Legal Questions to Analyze
There are a wide range of legal theories that can compensate someone who has been injured by a defective product, including negligence, breach of an express warranty, breach of an implied warranty for merchantability, breach of an implied warranty of fitness for a particular purpose, and strict liability.
A negligence action arises when someone fails to act as a reasonable person would in the design, manufacture, sale, or assembly of a product. The key question in this context is whether the danger arising from the defect in the product was foreseeable.
When a seller makes a promise about the durability, safety, or performance of a product, the seller has made an express warranty. These warranties can also be made through visual representations such as an advertisement. Once someone makes such a warranty, the product must live up to that warranty, or the warranter will be liable for resultant injuries.
All products are warranted for fitness for their ordinary use. The question here is whether the victim’s injury occurred in the course of such ordinary use. If the seller knows that the buyer plans to use a product for a particular purpose, which may or may not be different from its ordinary use, and the buyer relies on the advice of the seller in selecting the product, the seller may be liable if the product fails to safely perform that particular purpose, injuring the buyer.
Finally, strict liability will hold a manufacturer liable for all injuries caused by a design defect, a manufacturing defect, or an inadequate instruction or warning, if the manufacturer knows the product will be used without inspection. In the world of strict liability, the manufacturer cannot claim it acted with care. If the manufacturer knew there would not be inspection, and the product injured someone, the only remaining question is the compensation available for the injuries caused.
What Compensation is Available
Someone whom a defective product injures can typically recover money to cover medical bills accrued and wages lost because of the injury. In addition, future medical bills and future lost wages can be recovered, as long as they can be ascertained with reasonable certainty. Compensation for lost earning capacity is also available. For example, if a carpenter is injured by a defective product, and as a result can no longer work in the field or become a foreman, then the foreman-pay may be recoverable, if the carpenter can show he or she had a likely chance of getting the promotion, until the injury occurred.
In addition, the victim can be monetarily compensated for his or her pain and suffering, both past and future. Typically, this figure includes compensation for experiencing fear of imminent harm or death, physical pain, and loss of enjoyment of life.
Although no amount of money can make up for the loss of a loved one, if the victim dies, California’s Wrongful Death statute allows surviving family members to recover for loss of financial support, medical expenses, funeral expenses, loss of consortium, and loss of comfort and care. If nothing else, these awards will ease the financial burden imposed on the family, and force the at-fault seller, manufacturer, assembler, or designer.
Finally, when a person acts with malice or in conscious disregard of the rights and safety of others, the law may impose what is called punitive damages. This is a sum of money paid to the injured person that is intended to punish, in proper circumstances. Often, this award is far greater than the compensation for medical bills and lost wages.
How to Get That Compensation
Because products liability cases often involve a consumer going against a large business or corporation, because liability may lie with many different persons and/or entities, and because the measure of damages is often quite complicated, it is important that you contact an experienced attorney if you or a loved one has been injured by a defective product.
At the Law Offices of Slaughter & Slaughter, we understand not only the potential severity of products liability injuries, ranging from brain injuries, spinal cord injuries, and even wrongful death. Also, we have the experience to know how to unravel the intricate legal questions that must be addressed to ascertain the greatest possible recovery. Although no amount of money can truly compensate, we are experienced in assessing the wide range of effects these injuries can have. We are willing to fight for your rights and seek the maximum compensation the law will provide. If you or a loved one has suffered an injury from a defective product, call The Law Offices of
Slaughter & Slaughter today.
Get a FREE consultation and an HONEST evaluation of your claim.
There is no need to go through this alone.
Whether you are in Los Angeles, San Bernardino, Encinitas, Chula
Vista, San Diego, or anywhere else in Southern California.
Don’t delay, call today for more information and a free evaluation of your claim. |
