FAQ: Product Liability Cases in L.A.
Ask a Los Angeles Product Liability Lawyer for Help
If you have been injured due to a defective product, contact Shoop | A Professional Law Corporation right away. The Los Angeles product liability attorneys at our firm are familiar with the process of product liability. In order to help you understand the process further, we have answered some of the frequently asked questions.
Call today if you have any other questions or need representation in your case.
When should I speak to a product liability attorney?
An attorney should be contacted whenever an individual believes that he or she was injured due to the negligent manufacture or design of a product. It is important to review your case with an attorney immediately so that too much time does not pass between your injury and the legal action taken. A lawyer may need to review the evidence and ensure that it is not tampered with or gotten rid of. An attorney a our firm can evaluate your claim and advise you on your best course of action.
What are the different types of defective product liability claims?
There are several different types of claims but the general lawsuits filed can be grouped into three categories. The first is manufacturing defects which means that the factory or some place between the factory and the place of purchase, there was an error with the product.
The second type of claim is a design defect which means that the idea or design of the product is defective. Even if the product was manufactured correctly, the design is the flaw. Cases like these would not be for one faulty product, it would be an entire line of products in which the design is unreasonably dangerous. Last, there are marketing defects for products. These cases involve inadequate warning labels or instructions that make the product dangerous to use.
What do I have to prove if I want to receive compensation and win my case?
The evidence that you need will vary according to your specific case. Generally you will need to prove four things to win your case.
- First, you need to prove that you were indeed injured or suffered damage in some way. You cannot file a claim that you were "almost" injured.
- Second, you will need to prove that the product involved was defective in some way or that there were inadequate warnings.
- Third, you will need to prove that the defect of the product was the cause of your injury. You cannot make a claim for an injury that occurred while using a defective product if the product was not the specific cause of your injury.
- Lastly, you will need to prove that you were using the product in the way it is intended to be used when you suffered from the injury. You cannot make a claim that the product caused your injury if you were using a product in a way that it is not meant to be used.
What type of product is considered dangerous?
Any product that is negligently manufactured, designed, or that does not have proper warnings visible can be considered a dangerous product.
Can I file my case at any time?
You may not file your case at any time you choose due to the fact that there is a limited amount of time in which you may file called a "statute of limitations". In order to find out if your claim is still valid, you need to speak with an attorney.
What is a defective product?
A defective product is a product that causes injury due to an inherent defect in the product itself. In such a case, the manufacturer of the product or the distributer may be held liable. These products could be a number of things from defective airbags to a dangerous drug. In any case that involves defective products, it is extremely important to speak with a knowledgeable and experienced attorney at your soonest convenience. An attorney from our firm can provide you with a free consultation so that you can begin immediately.
What types of compensation can I fight for in my claim?
You can file for compensatory damages along with punitive damages. The compensatory damages are meant to reimburse you for your financial and physical hardships due to the injury. These include your medical expenses, lost income and property damage. Compensatory damages can also be for your physical pain and suffering. Punitive damages may be awarded to punish the defendant in order to deter other people from acting in the same way.