Some of you may be surprised, but these three seemingly unrelated cases have something in common.
And contrary to the popular belief, it’s not that in all the three cases you would have to invest a tremendous amount of money to repair the defective item or buy a new one.
Actually, you may be entitled to a financial compensation in the three cases. Under product liability laws in California and Long Beach, the following parties may be held liable for manufacturing, distributing and selling a defective product:
- Main manufacturer.
- Manufacturer of components and parts.
- Assembler or installer of the product.
- Wholesaler.
- Retail store where the faulty product was sold.
How to sue these parties for product liability?
If you have suffered any injuries or damages from a defective product – be it a car, phone, children’s toy, household equipment or a tool – the above mentioned parties in the manufacturing and distribution chain are strictly liable for injuries caused by that product.
But what is strict liability under California’s product liability laws? Strict liability can be imposed in case of:
- Manufacturing defects
- Design defects
- Defective (inadequate) warning and instruction
However, product liability attorneys at JML Law, a Long Beach-based law firm that has helped thousands of clients seek maximum compensation for their damages and injuries, explain that a party or parties may be held accountable if:
- The product in question is more dangerous than it should be (or than it was advertised);
- The product contains inadequate warnings and instructions.
How to prove a product liability claim?
Filing a product liability claim is only a third of success, defective product attorneys at JML Law warn, adding that proving product liability and winning the case either in a settlement or verdict presents Long Beach residents with a plethora of hidden pitfalls.
Although documenting your injuries and damages is an essential element of a product liability claim in California, you must prove four things in order to win and seek monetary compensation:
- The defendant (parties that you are suing) manufactured, designed, distributed or sold the defective product in question;
- The faulty product was defective before it became the plaintiff’s possession;
- The plaintiff (you) used the product in a reasonably foreseeable manner (or as instructed);
- You suffered injuries and damages because of the defective product.
Have you used the product in a ‘reasonably foreseeable’ way?
Product liability lawyers in Long Beach explain that the notion of using a product in a “reasonably foreseeable manner” usually catches victims of defective products off guard, which can minimize – or cancel out altogether – their compensation.
Under California product liability laws, whoever designs, manufactures, distributes or sells a product must take reasonable precautions to minimize the damages or harm that may result from using – or misusing – it.
If the manner a consumer uses the product was reasonably foreseeable and yet the product caused injuries and damages, the manufacturer, designer, assembler, seller, distributor and other parties may be held liable.
Under product liability laws, people who make products are required to inspect their products and issue adequate warnings about the risk of using and misusing the product.
This is the element of a product liability claim that victims of defective products usually get wrong. That’s why it’s highly advised to be legally represented by an experienced product liability attorney to maximize your compensatory damages.
California product liability laws require customers to jump through quite a few hurdles to file and prove claims relating to defective products. Seeking the legal advice of a Long Beach product liability lawyer may be your only way to smash through those bureaucratic walls and obtain financial compensation for your damages, injuries and losses.
Consult skilled Californian attorneys at JML Law by calling at 818-835-5735 or send email to schedule a free initial consultation.s
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