Consumers have every right to expect that the products they purchase are reasonably safe to use as directed and for their intended purposes. This does not mean that all products must be inherently safe, of course; there are products that pose higher risks than others, and some are dangerous by nature. However, the risks and hazards posed by such products are largely foreseeable, and consumers are properly cautioned and instructed on how to maximize their safety.
Unfortunately, some products that are unreasonably and unforeseeably dangerous do make it out onto the marketplace, and people are often injured - or tragically killed - as a result. Personal injury attorney Edward J. Deason is one of the foremost experts in Los Angeles on defective products and litigation arising from injuries caused by the use of such products. He has helped many victims of product defects obtain monetary damages for the losses and expenses they have sustained as a result of their injuries, including compensation for medical bills, rehabilitation expenses, lost wages, pain and suffering, and mental anguish. For families that have lost loved ones due to the use of defective products, he has further obtained compensation for funeral costs and future losses and expenses.
If you or a member of your family has been harmed through the use of a defective product, please contact the Law Offices of Edward J. Deason today to arrange for an evaluation of your product liability case.
Types of Product Defects
There are three basic types of product defects that can give rise to a personal injury claim. These are:
- Design defects: This type of defect is inherent in the design of the product, meaning that each product manufactured to spec will contain this flaw.
- Manufacturing defects: This, the most common type of product defect, occurs when a flaw is introduced into a product during the manufacturing phase. The flaw may be present in one single unit or in every unit of a certain manufacturing batch. Usually, manufacturing defects result from specs not being properly followed or quality control processes not being properly deployed.
- Marketing defects: These occur when instructions for use and/or warnings of known risks are unclear, incomplete, deliberately vague or misleading, or absent altogether.
A product liability claim can be, and often is, filed against multiple parties involved in the design, manufacture, and marketing of a given product, depending on the nature of the flaw. Virtually any product can be dangerously defective; common examples of products that are the basis of product liability lawsuits include:
- Automotive products: such as brakes, tires, steering columns, seatbelts, and child car seats
- Medical products: such as pacemakers, pain patches, and prosthetic devices
- Dangerous prescription drugs
- Food products
- Household products
- Children’s toys
In the vast majority of product liability cases, the doctrine of strict liability comes into play. This means that there is no need for our personal injury attorney to present evidence of a specific act of negligence on the part of the designer, manufacturer, or marketer of the defective product as the defect, itself, is evidence enough. What needs to be shown for the case to be successful is that you or your loved one:
- Was actually injured through the use of the product
- Was using the product as intended
- Did not modify the product in such a way that it would become dangerous
- Suffered losses and expenses as a result of the injuries caused by the product
For further information about product liability cases, please call or email Edward J. Deason today.