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What Should You Do After Suffering Injuries from Using a Defective Product in Los Angeles

February 5, 2023 
by LA Injury Group

As a consumer, we expect that the products we buy are safe to use. However, there are instances when accidents occur not knowing that the product you used was defective. If you or a loved one was injured by a faulty product, our expert Los Angeles defective products personal injury lawyer at LA Injury Group can help you.

Call us today at (818) 240-1800 and schedule a FREE consultation of your case. We work on a contingency fee basis so you can focus more on your faster recovery. 

Defective products. Place in many crates.

Defective Products Personal Injury Lawyer: Three Main Types of Product Liability

Product liability focuses on three main types. These are manufacturing defects, design defects, and marketing defects.

Defects in Design

Even before the product becomes manufactured, it can be defective in its design. Although there’s no problem with the product during the manufacturing stage, the design of the product itself makes it defective.

Defects in Manufacturing

This refers to a product that is considered to be faulty because of a deficiency during the manufacturing process. If the process has been appropriate the product wouldn’t become defective.

Defects in Marketing

It also refers to “failure to warn,” where manufacturers failed to market their products accordingly. This includes providing instructions regarding the proper usage, risks, and proper care.  A claim that’s established on insufficient warning must demonstrate that:

  • The business that manufactured, distributed, or sold the product realized or should have known that the product involves a possible risk
  • That risk delivered considerable peril to the consumer if the product is used as designed or in a logically predictable way
  • Ordinary users won’t distinguish the danger
  • The company failed to provide consumers with a warning regarding the risk

What Should You Do After Suffering Injuries from Using a Defective Product?

If you suffer injuries after using a defective product, there are certain steps that you need to follow. It may help you should you file a claim against the liable party to recover damages. These are:

Seeking Immediate Medical Care

The first thing that you should do after the accident is to seek immediate medical care. Regardless if your injury is minor or severe, it’s crucial that you obtain prompt medical attention. This will enable your attending physician to create official documentation of your injuries.

Check if There’s a Product Recall

Find out if the defective product you used is among those on a recall list. You can check the information on the website to return the recalled product. You’ll be able to get a refund or acquire a new product that’s not defective and working perfectly. 

Get Legal Help 

Keep in mind that a victim with a legal advocate on his side has an edge over those without someone who will represent them. Another thing is, the insurance company cannot manipulate you to do what they want you to do, which is to accept their lowball offer. Speak with a knowledgeable Los Angeles defective products personal injury attorney.

Establishing a Product Liability Claim

Not all people who are harmed by a product can file a claim. This kind of personal injury lawsuit can be pursued if you were able to establish these three factors:

  • A product was faulty
  • The defective product resulted in injury
  • Injuries are provable

Proving Accountability in a Defective Product Claim

It’s the responsibility of manufacturing companies, distributors, and sellers to provide safe products to their consumers. When the right procedures are taken for granted, didn’t follow regulations, or took shortcuts, they could end up selling faulty products in the market and putting dangerous products in the hands of the consumers. 

Any defective product that caused harm or injury to a user will hold anyone in the chain of distribution to be responsible for the harm done and for sustained injuries of the consumer. If this happened to you or your loved one, speak with a well-versed Los Angeles defective products personal injury attorney at LA Injury Group.

Strict Liability on Faulty Products

There are product liability cases that need the victim to prove that the manufacturer, distributor, or retailer was reckless. Claims on a defective productive product are typically based on strict liability. This means that anyone involved in the manufacturing, distributing, or selling of a malfunctioned product is liable for harm or injuries due to negligence. To win your case, all you need to prove the flaw in the product that caused you harm.

You don’t need to show the negligence of the parties involved in the chain of distribution. After proving the product’s defect, the burden of proof switches to the defendant(s). In turn, they must prove that you were harmed or suffered injuries because you didn’t follow the instructions on how to use the product in question as intended. 

Additionally, they need to prove that you didn’t utilize the product in a sensible expected manner or might have changed the product in some way.

Statute of Limitations in a Product Liability Claim 

The state allows a victim to file a product liability claim within two years after he sustained harm or injury from using a defective product. However, if you fail to do so, you’ll lose the right to get compensation

If you have a property that was damaged due to a flawed product, you have three years to file. There are particular limitations and exceptions, however, but a skilled Los Angeles defective products personal injury legal adviser can help you file a claim and ensure that it’s within the period stated by the law. 

Need Help? Contact an Experienced Los Angeles Defective Products Personal Injury Lawyer 

When you need help, our compassionate Los Angeles defective products personal injury legal representative is always ready to help you. Since 2005, we’ve been providing the widest coverage of legal help for our clients and have recovered millions of dollars of damage awards. We can also do the same for you.

Our finest Los Angeles defective products personal injury attorneys at the LA Injury Group ensure to protect your rights, defend you from the insurance companies’ dirty tactics, and maximize your compensation. Let’s talk about your case and find out how we can help you. Call (818) 240-1800 for a FREE evaluation of your case. We work on a contingency fee basis.

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