We choose to settle in places where we think our families will be happiest and safest. Sherman Oaks checks many of the boxes as a calmer, safer neighborhood. But sometimes the biggest dangers aren’t outside. They can be sitting in any room in your house.
Manufacturers Are Responsible for Product Safety
The products you use every day in your home and on the job hopefully make your day-to-day life easier. The companies who design and market these products certainly want you to buy more of them, but sometimes those sales goals overshadow proper testing and safety checks before they ship to your doorstep.
A device you make use of every morning could malfunction and injure you or a family member. Those injuries could require a long, costly recovery and force you to consider who should be held responsible for this accident.
California Law and Product Liability
Often, there are numerous companies and corporations involved in the manufacturing, assembly, or distribution of a single product. They can all be held liable for safety when a product causes an injury.
California law provides protection for consumers. When a plaintiff files a case against a manufacturing or design company, the defendant is required to prove that there is no unreasonable danger presented to consumers. The burden is on the company to prove their product is safe. This important distinction can help an attorney get you compensation for an injury caused by a product.
These types of claims are known as “failure to warn” cases. The company allowed a defective product to reach the market and didn’t warn you of the danger.
You should definitely seek legal consultation if you feel that something about a product made it dangerous for you or your dependents, such as spouse or children. A personal injury attorney can be very helpful in these cases, especially when you’ll often be dealing with major corporations and their lawyers.
What are the three types of failure to warn issues?
The concept of “failure to warn” applies when a manufactured product causes increased danger to those who use it. These hazards can include defects caused by the manufacturing process or unclear instructions and warnings. Here’s a closer look at the potential issues covered under “failure to warn” protection:
DEFECTIVE PRODUCT DESIGN
If there is something about the design of the product that makes it unreasonably dangerous for use, whether by its intended audience or not, then the issue will pertain to each of the products created. If all of the products made from that design are dangerously flawed, then the designer is responsible for any injuries or accidents that have occurred because of the defect.
DEFECTIVE PRODUCT MANUFACTURING
If the manufacturer of a product causes a defect in it during the manufacturing, construction, or assembly of a product, that manufacturer is liable for any injuries or accidents that result. This is why quality control is so important in many manufacturing facilities. If the manufacturer realizes there is a defect and doesn’t issue a recall, they can be sued for failure to warn.
INSTRUCTION OR WARNING DEFECTS
You’ve likely seen the warnings on some of the products on store shelves. A common one may be the caution label on a coffee cup indicating the contents may be hot. If the warnings on a product aren’t adequate in preventing injuries or accidents, the designers and manufacturers of the product can be held liable, as well as the wholesalers, website owners, and retail stores where these items could be purchased.
The instruction manual is supposed to teach us how to get the most out of a product and how to use it safely. Sometimes manuals fail in that task.
Dangerous Products and More
The “failure to warn” issue used to only pertain to physical products, stuff you could handle. However, over the years there have been modifications to failure to warn guidelines. Nowadays, it’s not only products covered but also intangible products such as gasses. This included substances piped into our homes or offices that don’t really come with packaging where warnings could be placed. These substances can cause devastating accidents.
Contact a Sherman Oaks Personal Injury Lawyer
The best thing to do when injured by a defective product is to talk to a Sherman Oaks Personal Injury Attorney. Even if you don’t hire one, you owe it to yourself to be advised of the law by an impartial professional. If you decide to get representation, you should choose someone who is experienced and understands the law.
Call the Law Offices of Steers & Associates at 800 824 5416 or click here to contact us online. We have attorneys with years of experience dealing with every type of motor vehicle accident, and we get results against the insurance companies and their highly-paid lawyers. Call us now for a free consultation to discuss your legal options.