Across Southern California, when a consumer is injured by a defective product that was placed into the stream of commerce, The Mirroknian Law Firm, P.C. fights to hold businesses accountable for the damage they have caused under products liability law.
Whether or not the maker or seller of a defective product was negligent in its conduct is irrelevant to the products liability case. Liability can attach to a manufacturer or seller whenever it can be shown that the product left the maker’s or seller’s hands in an unsafe condition which later caused injury to the user. The major issues involved in these types of cases are proving the existence of a defect and showing that the defect was the cause of the injury, which is not always easy, as the product itself may become damaged or destroyed in the accident.
In general, a product can be defective in three different ways:
If there is a problem in the product’s design, every unit manufactured will be defective and capable of causing injury. For instance, an automobile may be designed so that it rolls over in a sharp turn or side impact, causing a roof crush injury that could lead to traumatic brain injury, injury to the spinal cord, or wrongful death. Or the fuel line and electrical system may be placed too close together, such that even a low-speed collision causes a car to explode, leading to severe burn injuries or death. Similarly, power tools and household appliances are often designed without adequate safety features, such as protective guards or automatic shut-offs.
A problem in the assembly line can make an otherwise properly-designed product dangerously defective and unsafe. Human error or a temporary glitch may create only one or a dozen defective units, or a systemic problem may create thousands of defective units. Often times, the error is not identified and corrected until after injuries have called attention to the problem.
Many products require special care or instructions to be used safely. This includes household products that emit toxic or noxious fumes, power tools or equipment, and chemicals and other products which are caustic, explosive, or flammable. A product that does not carry adequate warnings or instructions for safe use is considered defective. Keep in mind that a product must be safe not only for its primary intended use but also for all other reasonably foreseeable uses.
Seek Experienced Legal Representation
Products liability and class action lawsuits remain a powerful weapon to force companies to change their behavior when human safety is at risk. If you have suffered an injury or the loss of a loved due to an unsafe or defective product, contact The Mirroknian Law Firm, P.C. for a free consultation from an experienced products liability attorney with a record of achieving results.