Types of Defective Product Liability Claims

Cartwright - January 20, 2017 - Products Liability
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Product liability claims are among the most complicated in law. The fact that the plaintiff has to prove negligence on the part of the manufacturer makes it important to hire the best Product Liability Attorneys in San Francisco. In most cases, you will be facing a large corporation, and this can be intimidating especially, if you don’t have the resources to fight back. If you are able to prove a product was already out of the manufacturer’s hands and caused your injuries, you have a strong case for compensation.

Common Product Liability Causes

Any product that causes injuries or trauma falls under this realm of the law. From defective vehicles, hazardous children’s toys, medication, industrial or agricultural equipment, electronics, medical devices to electronics, you should immediately seek the services of product liability lawyers in San Francisco if you feel a certain product is responsible for your injuries. Under the law, manufacturers have a duty to provide reasonably safe products, keeping in mind foreseeable uses and misuses of their products. Failure to do so amounts to negligence and you can claim damages.

Main Product Liability Claims

The type of product liability claim will determine the damages you can file for. This is where the legal input of your attorney at Cartwright Law comes in handy. The main types of claims are:

  1. Manufacturing Defect

If a product is defectively manufactured, it can cause injuries when the buyer starts using it. Something must have gone wrong in the factory and the particular product you bought didn’t meet the standards required. The other items on the shelf might be fine and if the legal team can prove that your injuries emanated from this defect in manufacturing, you have a solid case.

  1. Designing Defect

The first and probably the most important step in the manufacturing process is the design. If the design is flawed, this means all the products have a problem. The recent recalls in different car models including Toyota and Nissan and Samsung Galaxy models are largely attributed to flaws in the designs, which compromised the safety of users. The plaintiff must prove that the injuries were specifically caused by a flaw in design.

  1. Inadequate Warning

A manufacturer should provide warnings and instructions on the use of their products. If a product is dangerous when used in a particular way, the user must be warned beforehand. If extra care is supposed to be exercised in certain situations, the manufacturer must provide sufficient warnings. Failing to provide a warning is negligent conduct and you can sue for compensation in case of injuries.

Determining the type of claim to make is complicated. Contact us for free consultation or call 415-433-0444 in San Francisco or 707-901-3020 in the North Bay in the case of product liabilities claim.

 


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Robert E. Cartwright Jr.
Founder and Managing Partner

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