When is a Manufacturer Liable for Injury caused by a Defective Product?
All manufacturers are responsible for ensuring any product they distribute to the marketplace is safe and free from unsuspected hazards of use. All products will have a statement of intended use and particular practices to avoid when using the product. Many times the reason for disclaimers actually stems from someone trying to use the product improperly, but the court still finds the manufacturer guilty of negligence in many cases to at least some degree. Both product manufacturers and retail sales outlets to an extent can both be held to the strict liability standard that states that a plaintiff legal representative need not prove negligence against a product manufacturer. However, that does not mean the cases are not difficult and well-defended even when an official product recall is in force. While there are generally three types of product liability claims, they tend to fall into two categories.
Product Recall Cases
Some product liability cases will be focused on products that have already created injuries for consumers, many times in numerous instances. These cases are typically processed based on prior precedent and similarities between claims, but each case is still evaluated based on the material facts of the problems experienced by the claimant. The severity of an injury can make a major difference, with some claims actually resulting in wrongful death claims as well. The legal task is proving that the injury is connected to the product regarding causation, even when the cause is indirect. The fact that a defective product was used by a claimant may not necessarily be sufficient to validate a claim, but an experienced product liability attorney like the legal professionals at The Cartwright Law Firm will know how to establish a product usage connection to their client and maximize the value of an individual injury claim.
Isolated Product Liability Claims
Not all product liability claims are associated with a product recall, as many injuries occur in isolated instances or are the first in what may become a line of problems. While it is still not necessary to prove negligence against the manufacturer or retail sales outlet, these can be the most difficult of all product liability claims when proving the association between a product and an injury. Certain injuries such as illness from a tainted food product often occur in isolated circumstances at first before being traced for potential multiple cases. These complicated cases always require the assistance of an experienced product liability attorney who knows how to conduct a thorough investigation into product usage.
Contact a San Francisco Product Liability Attorney
Product liability claims are more common than many injured victims understand. Never let usage of a bad product impact your life without proper financial recovery. Always call a California personal injury attorney like the professionals at The Cartwright Law Firm for aggressive comprehensive legal representation.
For more information on our Vacaville Product Liability Lawyer, please visit our site.
