Our Sacramento injury lawyers work on behalf of people who are harmed by using products that should have been perfectly safe. Although it seems only fair that consumers should be compensated for such injuries, our personal injury attorneys know that product liability is law is complicated. This blog, from Sacramento injury lawyers at Sette Law, will address some important considerations in product liability and related injury.
Attorneys first explain that product liability laws may vary from one state to another but at least four principles are common. Our Sacramento personal injury lawyers look at each item and provide basic detail:
1. First, a plaintiff must show his or her personal injury attorney that real harm was done and losses were suffered. Our Sacramento liability lawyers know of many instances in which a product failed and threatened someone’s safety, but didn’t cause an actual injury. Our attorneys say an event like this would not meet this first requirement. But a product failure such as a broken leg caused by a non-working brakes on a new 10-speed bike, would likely meet this criteria. Medical evidence and costs of care should suffice to show loss and injury that attorneys could prove in court.
2. Our Sacramento product liability lawyers will also have to show the court the product was defective as a second requirement for liability. Attorneys know this can be a demanding requirement. Even in light of a verifiable personal injury, lawyers must determine if a product was defectively manufactured, designed or marketed. Let’s look at each category more closely. Our Sacramento injury lawyers explain that, in the case of defectively manufactured products, an error was made at the factory or somewhere in the manufacturing chain before the product was purchased and subsequently caused the injury. Attorneys must clearly identify the point of error to satisfy this criteria and strengthen the case for liability and personal injury.
3. Lawyers can also consider whether or not a product presented sufficient instructions or warnings to protect consumers. Our Sacramento liability attorneys explain that this is also referred to as potential ‘defective marketing.’ If, for example, a weed killing spray might cause eye injury or blindness but that danger is not addressed, a personal injury lawyer will seek to show there was a failure to provide warning and that failure caused the plaintiff’s injury.
4. An attorney representing an injured client may also determine that a product was defective before the manufacturing process. This would constitute a Design Defect and, according to our Sacramento personal injury lawyers, is often more difficult to prove than the aforementioned cases. Interestingly, this arena may play a role in the recent Takata airbag recalls and actions related to deaths and injury. Our liability lawyers suspect plaintiff’s counsel may look to some design flaw (such as the chemicals used to inflate bags) as a potential source of the defect. Our Sacramento personal injury attorneys follow this national case closely for developments that may influence how we adjudicate future claims of product liability.
Lawyers, however, also have experience with product liability cases that will not pass the test of any of the above criteria. If an individual was using a product in a fashion for which it was not clearly intended and was injured, an attorney may struggle to prove any product defect caused the personal injury. A lawyer, for example, would be skeptical of burns received when a woman using a hair curling iron to curl paper ribbon was burned when the paper caught fire. Our product liability lawyer would immediately know that using a hair curling iron on paper was not an intended use of the manufacturer. Further, a mainstream consumer would not use a hair curling iron on volatile paper and the manufacturer was under no requirement to make the product safe for use on paper.
But, Sacramento personal injury attorneys explain that this concept is contingent upon the specific use of a manufacturer’s product. Clearly, the above use is totally unrelated to the intended use. However, according to our liability lawyers, not all cases are so clear. Say you used a butcher knife meant for meat to cut through a head of cabbage. The blade snaps off and severs a finger. Personal injury lawyers could see this as reasonable use of a sharp knife, even if it was meant for meat and not cabbage, and claim product liability.
Lawyers Give Courtroom Confidence to Injured Plaintiffs
Sacramento personal injury attorneys know that product liability can be complicated for consumers to understand. But in addition, the challenge of standing up to a large company in court is significant for most of our plaintiff’s claiming a product injury. Our lawyers, unlike the average person, have significant experience in the courtroom setting. We have faced many corporate attorneys defending a manufacturer’s liability for personal injury. Attorneys may feel at home in a courtroom while our plaintiffs will likely feel intimidated.
Our Sacramento personal injury lawyers recognize just how daunting the experience can be, no matter how strong our plaintiff’s case for product injury. Our attorneys believe that part of our job is to explain the process, dynamics and details of product liability actions to the people we represent, so that we don’t add emotional stress to their physical injury. Our Sacramento personal injury lawyers find this is particularly true when injured individuals file cases against corporate giants. Naturally, most products are manufactured by big companies and it takes a special determination to face off in court over a defective product injury.
But lawyers know that judicial history shows the power of the individual in a court of law. Sacramento personal injury attorneys are well acquainted with “David vs Goliath” cases in which people prevailed over corporate power. When it comes to defective products – and our injury lawyers again refer to the flood of car recalls over the past 18 month – individuals are protected against irresponsible manufacturing and marketing of products that cause injury. Sacramento attorneys track national legal developments to support local clients in their bid to receive just compensation for injuries suffered due to a defective product.