Los Angeles Product Liability Attorney
Product liability refers to a set of cases where the injury is caused by a product. For instance, an improperly manufactured tire that explodes would be a product liability case. So would a case where a child’s pajamas caught fire when only briefly exposed to flame. Even tainted food can be a product liability case. Anytime a consumer is hurt because something sold was defective, we refer to it as a product liability case.
Product liability cases are different than negligence cases. Product liability cases are governed by the concept of “strict liability.” In order to win a product liability case, the victim need only prove that the product was defective before it left the hands of the defendant and it caused damages. In product liability cases, the defendants normally include the manufacturer of the product and the retailer. These days, the manufacturers are often Chinese corporations which are nearly impossible to sue. But it is easy to sue the importer of the product as well as the retailer.
Claims associated with product liability cases include claims for breach of expressed warranty, breach of implied warranty of merchantability, and breach of warranty for a particular purpose. Each case is unique and will require a careful legal analysis by an attorney.
If you are injured by a product, it is important to preserve the product, or whatever is left of it. If the product is completely destroyed, obtaining as much information about the product, such as the make, model number, manufacturer, and retailer, will help your attorney find a replacement so that experts in manufacture and design can determine if the product is indeed defective.
Much more can be said about product liability. This area of law if very dense and complicated. This is why you need an experienced attorney if you have been injured by a product of any kind. We at the Law Offices of Mann & Elias have had significant success with product liability cases. Despite our experience in this area, we recognize the complexity of product liability law, and have no problem teaming up with other law offices when necessary in order to assure you receive the best result possible.
Vehicle Rollover Accidents
Insurance industry statistics show that people in most SUV’s have higher death rates in single-vehicle accidents then people in average cars. This is mostly due to higher incidents of vehicle rollover.
Rollover crashes often occur when a vehicle is tripped by a ditch, curb, soft soil, or other object, usually when it has run off the road. This “tripping” mechanism causes the vehicle to rollover. A major factor in serious rollover accidents is the relative lack of stability of each vehicle. NHTSA (The National Highway Transportation Safety Association) have reported that taller, narrower vehicles such as sport utility vehicles are more likely to roll once they leave the roadway.
According to NHTSA rollovers, although infrequent, often lead to serious injury or death. The fatalities from rollover crashes number around 10,000 on a yearly basis. It has been reported that nearly 40% of these fatalities involve SUV rollover.
The most infamously known cases of defective tires was the Firestone recall of August of 2000, as a result of which 14 million tires sold in the United States were recalled. Defective manufacturing caused belt separation in the tire which in turn causing tire blow outs and loss of control over the vehicle. The ensuing crashes often led to catastrophic injury and death. Tire separation accidents continue to occur to this day, involving more than one tire manufacturer.
While the car accident lawyers at Mann & Elias handles SUV Rollover and tire separation cases. However, these case can be very difficult to prove, very expensive to litigate and extremely time consuming, which can have an negative impact on our relationship with other clients. This is why tend to be very selective in taking on these types of cases.
Tire Defects and Blowouts
With thousands of miles racked up on Los Angeles area roads and freeways daily, drivers are familiar with the sight of pieces of tires scattered on the pavement – leftovers from tire blowouts. Tire defect/blowout accidents are very common and can be extremely serious or deadly. A blowout occurs whenever a tire filled with compressed air deflates rapidly. Personal injury attorneys at Mann & Elias Law Firm can help in the event of a tire blow out.
What Causes Tire Blowouts?
Rapid deflation of a tire can be caused by many things, but the most common reasons are:
- Improper inflation
- Aging of the tire
- Tire manufacturing defects, especially in steel-belted radials
If a driver experiences a tire failure or blowout while driving at high speeds on Los Angeles area highways, they may overreact and lose control of their vehicle. Blowouts and loss of control can easily result in a serious accident, including deadly rollovers.
What Causes Tire Failure?
Tire failure can originate with manufacturing processes. Especially with radial style tires, tread separation can be caused by poor construction or contamination of construction elements. If a tire facility is dirty, contaminants can get into the glue or between layers of a tire. Later on, these contaminants can lead to tread layer separation, a sideways slide of the vehicle and possibly a rollover accident. Several recent recalls have been enforced due to tire failure and defects, notably in connection with the huge Firestone and Bridgestone lawsuits.
What Preventive Measures are Recommended?
Prevention should begin at the tire manufacturer, but drivers also have a responsibility to maintain and continually inspect their vehicle and its equipment. Regular inspection of tire wear, proper inflation, balancing and rotation can go a long way towards extending tire life and driving safety.
Call a Product Liability Lawyer in Los Angeles
If you or someone you know have been injured by a product, whether it be a defective smoke detector or failed brakes on a bicycle, call the Law Offices of Mann & Elias at 323-857-9500 or click here for a free case evaluation.
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