Irvine Product Liability Lawyer
A manufacturer or seller of a product has a responsibility to ensure it is safe for consumers. If a defective item causes injury, it may be grounds for a product liability case.
Product liability cases may be brought about by defects in many different types of items. If, for example, a food product distributed in California stores is tainted with salmonella, it can be grounds for a case, as salmonella causes serious illness. Other products may include toys, clothing, and household supplies.
Types of Claims
There are several types of claims associated with product liability cases. The basic explanations of some of these claims are:
- Breach of expressed warranty. An express warranty is created by definite words or actions by the seller. If the seller represents the product a certain way and the product turns out to be defective in a way that causes harm, you may have grounds for this claim.
- Breach of implied warranty of merchantability. An implied warranty is not formally stated, but is assumed due to the circumstances of the sale. The basic premise is that, if used properly, the product will not harm the seller. If it does, you may have grounds for this claim.
- Breach of warranty of fitness for a particular purpose. This is when a seller knows a product is to be used for a particular purpose and advises the buyer on that function. If the buyer relies on the expertise of the seller and is harmed by the product, there may be grounds for this claim.
While these are basic definitions of particular claims, each product liability case is different. If you have sustained a personal injury from a product, contact an experienced product liability lawyer to review your particular case.
In California, negligence of the seller does not have to be proven in a product liability case. The state uses strict liability when it comes to products, which means the victim need only prove that his or her injury was caused by the product’s defect and that the item was defective when purchased.
Although this may sound like it makes proving product liability easier, it is always important to contact a professional product liability lawyer. There may be nuances to your particular case that a lawyer can provide insight into.
What to Do
We all hope to never be in this situation, but if you or someone you love has been injured by a product, it is important to immediately contact a product liability lawyer. You should also retain the item, or whatever is left of it, to bolster your claim. It can be inspected by both your lawyer and experts in manufacturing to see if it was in fact defective when it left the hands of the seller. If the product cannot be preserved, try to find as much information on it as possible. You may be able to find a replacement that can help determine if that product is indeed defective.
Product defects can cause all manner of injuries, from physical to mental. A child that sustains an injury from the defect of a beloved toy may face serious emotional obstacles in the future. An adult who gets a food-borne illness from a contaminated product can face time in the hospital and potentially death.
Serving Irvine – Costa Mesa – Mission Viejo
It is important that, should a product defect happen to you or a loved one, you attain professional help. At the Law Offices of Mann & Elias, we know product liability law can be complicated. We work with you to ensure you achieve the best results possible in product liability cases