Establishing Liability for Defective Products
When we purchase goods, the expectation is that when used properly, they will pose no harm to us or our loved ones. However, negligence on the part of manufacturers, retailers, and others can have catastrophic or deadly consequences. When injury occurs, negligence must be proven in order for the injured party to collect the damages they deserve. Establishing liability for defective products requires legal expertise, and attorney Chris Olsen in San Diego, CA, can determine whose negligence lead to injury.
Every commercial product is the result of many parties' input. Negligence on the part of one or more of these parties can have deadly consequences.
Types of Negligence
There are three primary types of negligence in defective product cases:
- A product with a manufacturing defect was designed correctly, but an error occurred in the manufacturing process. For example, a wooden toy mistakenly painted with lead-based paint is considered a manufacturing error.
- A product with a design defect was manufactured correctly, but there was an error in the design stage. For instance, an automobile tire that can only function properly up to speeds of 30 miles per hour could be shown to have a design flaw.
- A failure to warn can occur when the manufacturer fails to publicize a product’s dangerous aspects, or fails to give proper instructions for its use. For example, a drug that lacks adequate warning about cross-indications or possible side-effects could be a liability. Some examples of drugs that have faced considerable lawsuits include INVOKANA®, XARELTO®, and Zofran®.
Who is Liable?
Parties who can be held liable for defective products include:
- Manufacturers
- Wholesalers
- Retailers
- Distributors
- Component and part suppliers
- Franchisors
- Licensors
- Consultants
- Contractors
How Is Liability Proven?
To be successful in a defective product case, you must demonstrate that the defective product caused your injuries. If you suspect that you were injured because of a defective product, you should immediately contact an attorney versed in personal injury law. In the meantime, you should:
- Retain the product and any of its packaging or documentation
- Keep the product in a safe place where it cannot be disturbed
- Identify the product manufacturer, model name and number, serial number, date of purchase, place of purchase
- Keep the product in your possession
- Gather information from any witnesses, such as names and contact information
- Not discuss the injury with anyone other than an attorney
- Take photos of injuries
- Obtain medical records pertaining to injuries
Chris Olsen can coordinate the experts needed to prove fault in a defective product case and help you collect due restitution.
Use of Experts
Due to the technical nature of product liability cases, expert witnesses are often needed to successfully proceed with a case. Expert witnesses are used to explain the defects of the product to the jury and to connect these defects with the injuries that are claimed. Types of experts needed can include:
- Metallurgists
- Mechanical engineers
- Biomechanical engineers
- Human factors experts
- Pharmacists
- Physicians
Schedule Your Free Consultation
If proper use of a product has resulted in injury to yourself or a loved one, contact us as soon as possible. Chris Olsen will begin working immediately to identify any negligence that contributed to your losses. If you and several other consumers have been injured due to similar circumstances, Mr. Olsen may recommend filing a mass tort.
