A San Diego Product Liability Lawyer for You
It’s a daunting fact to consider, but still true. We often put our trust into products and manufacturers who designed the product, only to have that trust broken. Specifically, if you or someone you know has recently been injured due to a dangerous or defective product, then you could benefit from speaking with a product liability lawyer.
Unfortunately, accidents do happen. When a product liability accident occurs, the results can cause serious harm, injuries, and even death. Making the experience even more upsetting is the fact that most of these accidents could have—and should have—been prevented.
Do you think you could benefit from speaking with a product liability lawyer? If you are in the San Diego, Chula Vista, or surrounding area, then contact The Law Offices of Donald D. Hiney, APC today. We will help you move on with your life.
About Products Liability
Simply put, the term “products liability” occurs when to a manufacturer or seller is held responsible for placing a defective product in into the hands of you, the consumer, which ultimately leads to harm or injury. The law requires that all products meet ordinary safety expectations for the consumer, and when they don’t, they are considered unsafe and dangerous.
Different types of product liability include negligence, strict liability, and breach warranty. However, in the State of California, it is important to be familiar with negligence and strict liability.
When negligence occurs, and a consumer has been injured, the consumer must prove that this condition occurred because of either the creation or the manufacturing of the product. Negligence can refer to an act or failure to act that eventually lead to negative consequences, like a consumer injury.
An individual can pursue a strict liability case without having to prove a manufacturer’s negligence, but only if the product in question has one of three types of defects: inherent design flaw, manufacturing errors, or marketing defects.
If you experience a product defect, then a myriad of parties can be involved, including the product manufacturer, the wholesaler, the store that sold the product, or the party that assembled the product.
About Product Defects
As mentioned above, product liability can occur when a product is defective. There are three different types of product defects: inherent design flaws, manufacturing errors, and marketing defects.
If a product suffers from an inherent design flaw, then the product has been affected since the beginning of the manufacturing process. Specifically, something is wrong with its design, ultimately making it unsafe for consumer use.
If a product suffers from a manufacturing error, then the defect took place during the manufacturing or assembly of the produce. For example, if a new table comes off the assembly line missing a nail or screw, the table is unsafe, resulting in a manufacturing error.
If there are flaws in the way a product has been marketed, the product suffers from a marketing defect. For example, if the product is plagued with the wrong label, improper instructions, inadequate safety warning, etc., then a marketing defect has occurred.
Contact a Product Liability Lawyer Today
If you’ve suffered an injury from a product, then you may need to contact a product liability lawyer. Remember, the law can be complicated and confusing, not to mention, these types of cases can be expensive. Let the professional and dedicated team at Donald D. Hiney, APC help you move on from this unfair experience.
Q: I was injured when using a hair dryer. If I decide to seek compensation for my injury, who can be held liable for my injury?
In most cases, the manufacturing company is held liable for injuries caused by defective products. However, depending on the nature of the case, other parties may be held fully or partially liable. For example, if your product was repaired by an individual independent of the manufacturer, the repair technician may be held responsible. In other cases, the retailer of the product may be liable. To determine who is liable, you should contact an attorney who specializes in product liability matters.
Q: What is the most common defense used by manufacturers to avoid liability in defective product cases?
In many cases, manufacturers will argue that the user misused the product and, as a result of this incorrect use, injury ensued. This defense may be valid in many cases, however, it is the manufacturer’s duty to provide notification of intended use and warn of dangers of misuse. If these warnings were not expressed on the product prior to use, the defense may not hold as much weight in court.
Q: I received notification from a law firm that I may be part of a class eligible to receive compensation for injury from a defective product, should I join the class action suit?
When a product causes widespread injury to its users, class action suits is often initiated by a group of plaintiffs. When contemplating whether or not to join this class of harmed users, be sure to consult a personal injury attorney because doing so may compromise some of your rights. Our law firm can help evaluate your case and advise on the best course of action.