LAW OFFICE OF
FREDERICK J. SETTE
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SACRAMENTO, CALIFORNIA PRODUCT LIABILITY ATTORNEY
PRODUCT LIABILITY LITIGATION
WHEN THE INJURY WAS TOTALLY PREVENTABLE, BUT NOT YOUR FAULT, WHAT CAN YOU DO?
You have the right to assume that the products you use abide by all the relevant product laws. When they don't, and you get injured, the manufacturer and sometimes an engineer, retailer, or wholesaler, can be held liable.
PERSONAL INJURY LAW
Personal injury law, as it relates to product liability, says that in order to hold the product manufacturer liable, you must have been using the product for its intended use at the time you were hurt. You must also read and take notice of all the warnings provided by the manufacturer.
But if you uphold all your responsibilities and you still get injured, you may sue the company for manufacturing and selling a faulty product.
Product liability claims are most often based on negligence or strict liability, and the most common are strict liability.
Trict liability means the product is proved to be defective regardless of how carefully you used it. In a strict liability claim you may not have to prove that the manufacturer was "negligent" as is necessary in most other injury claims.
But you may have to establish the following:
The product was defective
The defect existed before the manufacturer released the product
The defect caused your injury or damages
KINDS OF PRODUCT DEFECTS
There are three kinds of defects that can form the basis of a claim against the manufacturer or supplier.
Design Defects - these occur when foreseeable risks of harm could have been reduced or eliminated by using another design, and failure to do so makes the product unsafe.
Manufacturing Defects - these occur when the product is being made. Usually an. error in the manufacturing process causes just a few products out of all those of the same type to be defective. Products are designed to be used for certain purposes and if someone uses them for another purpose, there may be danger of harm. Therefore, the manufacturer has to include clear, visible and concise warnings describing the danger and failure to do that can cause the product to be considered defective.
Marketing Defects -- the distributor and seller of the product may also be liable in a strict liability case, if there is found to have been misleading marketing.
ASPECTS OF PRODUCT LIABILITY LAW
There may be many different aspects of your case that require special expertise. A good product liability attorney has expert witnesses to call on, who can testify on the details and convolutions of:
You may be entitled to punitive damages as well as compensatory damages.
WHAT TO DO IF YOU'RE INJURED
Make sure you do the following:
Seek medical care immediately
Verify that you were using the product according to the manufacturer's written instructions
Keep the product and its packaging, instructions, receipts, etc.
Take photographs of the product and of the accident scene
Collect the names and phone numbers of any witnesses to the injury, so they can be contacted by your
product liability attorney
when the time comes
EVERY CASE IS DIFFERENT
personal injury attorney
can assess the particular circumstances of your case and decide what sort of action will most likely redress your injury.
If you've been injured by a faulty product, lose no time in contacting an experienced
product liability lawyer
, so that you can have the best chance possible of obtaining compensation for your injuries.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.
PLEASE CALL US TOLL-FREE AT (888) 516-6262 OR
FOR A FREE CONFIDENTIAL CASE EVALUATION