Every year defective products cause thousands of severe injuries and fatalities in the United States. Dangerous products exists in a whole range of consumer products including industrial machinery, child toys, vehicles, prescription drugs, and failed medical devices. Manufacturers, distributors and retailers of dangerous defective products can be held liable for injuries sustained by victims. Individuals who have been harmed by such products are entitled to compensation for all injuries sustained including but not limited to hospitalization cost, rehabilitation care, emotional trauma, pain and suffering and lost wages.
Out Our Law Firm: Normandie Law Firm is a Los Angeles Product Liability Law Firm providing expert legal representation for victims of dangerous consumer products. Whether you or a loved one suffered injuries from a defective consumer product, dangerous drug or medical device, construction equipment, tools or vehicle, our attorneys and experts will do what it takes to make sure we prove your case.
Filing a Product Liability Lawsuit – Winning Your Case in the Court of Law
There are several differing causes of action which can be used to file a claim against manufacturers of defective and dangerous products in the court of law.
1. Negligence Cause of Action: The owner of the manufacturing company breached his/here general duty of care to the public resulting in injury to the end user (consumer).
2. Breach of Warranty Cause of Action: This can include expresses warranty or merchantability, implied duty, or warranties established by statutorily enacted laws.
3. Product Liability – There are three general ways to establish a product liability cause of action.
• Defect in the original design of the product.
• Defect in the manufacturing process so that the distributed consumer product is markedly different and as a result more deadly than its intended design.
• Labeling Defect – failure to warn of dangers associated with the use of the product.
Types of Defective Manufactured Products Resulting in Injury to Consumers:
• Defective Pharmaceuticals – in many case drug manufacturing companies fail to properly warns patients of all known and knowable dangers associated with the use of the product.
• Defective Medical Implants and Medical Devices
• Defect in Auto Design – Including the manufacturing of defective airbags, brake assist systems and rollover cages.
• Defective manufacturing and processing of foodstuffs – resulting in food poisoning outbreaks including Salmonella and E. Coli.
• Defective household products – including lawnmowers, kitchen appliances and child toys.
• Defective tools and machinery – often resulting in workplace injuries.
Compensation for Harm Caused by a Defective Product – What Can be Recovered by Victims
According to California personal injury laws victims who suffer harm at the hands of others are entitled to compensation for all economic and non economic damages sustained. A detailed list of the types of damages available for individuals injures due to a defective product are as follows.
• All medical and health related costs including medical and rehabilitation care.
• Restitution for lost work, lost wages and reduction of earning capacity.
• Pain and suffering compensation – emotional distress PTSD and depression resulting from the accident.
Punitive Damages and Product Liability Lawsuits: In many defective product cases courts will allow for punitive damages to be assessed. Punitive damages are warranted when manufactures knew or should have known of the potential for severe harm to consumers and either failed to notify the public or decided to manufacture, sale, and distribute the product.
Deadline for Filing a Product Liability Lawsuit in California: California law places a filing deadline on civil personal injury lawsuits. In the state of California victims have two years from the date of the accident or injury to file a product liability lawsuit. There are certain instances where exception to the two filing deadline can be granted by a court.
Legal Assistance: Our attorneys are able to provide expert legal representation for individual who have suffered severe injuries due to harmful or dangerous products sold by unscrupulous manufacturers and distributors. If you have any further legal questions feel free to contact our law firm toll free (855)385-2529. All consultations are free of charge.