Few people expect to get injured or killed using products they buy in the way they were intended to be used. Products released into the stream of commerce must be reliable and safe. A person injured by a defective product can seek compensation for their injuries.
The process of obtaining that compensation can only be undertaken by a knowledgeable product liability lawyer. Injured parties should seek no less.
What is Product and Manufacturer Litigation Liability?
A product can be defective because of its design or flawed manufacturing. A damaged or defective part may have been used in the product’s construction. Or it could have been damaged anywhere along the chain of commerce, from design, to manufacturing, to distribution, to sales. All parties in that chain are liable for the harm caused by a defective product. Product liability happens anywhere a defective product harms someone.
What are the Different Types of Product Liability?
There are different types or theories of product liability. They include:
- Negligence – Negligence means that the manufacturer knew or should have known the product was defective or had issues and did nothing to correct the problem or warn the consumer.
- Strict Tort – Strict tort liability means that the party is responsible for the sale of the product and is therefore liable for compensation to a party injured by using the product, regardless of who was negligent.
- Misrepresentation – Misrepresentation means that the product was not labeled or advertised correctly and that the misleading information led the purchaser to believe that the product was capable of being used in ways for which it was not intended.
- Breach of Warranty – Breach of Warranty means that the seller or the manufacturer did not live up to the promises in the warranty.
Manufacturers often claim operator error or that the consumer did not follow directions or took unnecessary risks with their product. An attorney who specializes in product litigation liability knows how to navigate these defenses to maximize their client’s recovery.
When Is Compensation Owed?
Compensation is not automatic when the malfunction of a product leads to harm. Injured parties must rely on their attorney’s skill in maximizing their recovery.
How Much Compensation Can a Consumer Expect?
Financial harms include lost wages, medical bills, repairs to other property and property loss are all included in calculating compensation. Emotional harms include pain and suffering, grief, anxiety, depression, humiliation and more. Both types of harms are recoverable, whether they occurred in the past, or are anticipated in the future.
Attorney Josh Cohen
If you live in Los Angeles and need a reputable product liability attorney, call the Law Offices of Paul F. Cohen at (323) 937-7105. Josh has the knowledge and expertise to handle product and manufacturer liability cases. Product and manufacturer liability is a unique genre of law. It is important to understand how and why compensation is determined, as well as much compensation is owed. Josh Cohen is well versed in these concepts and helps his clients get the compensation to which they are entitled.