Have you been injured by a product-whether because it is defective or obnoxious? If your answer is yes, you may be entitled for compensation from the manufacturer of component parts down to the distributor or retail outlet. A product liability claim may be pursued.

When individuals are harmed by an unsafe product, they may have a claim against the persons who designed, manufactured, sold, or furnished that product. The law imposes a strict liability against the seller, distributor and manufacturer. In this score, Proof of negligence of the manufacture is not required as the same is presumed.

This is a deviation from the old rule of “caveat emptor”- let the buyer’s beware, and made the strict liability principle, as the prevailing trend in the area of consumer welfare.

The product liability laws vary from state to state. It is a broad spectrum; a claim for its violation may require different elements to be proven-to present a successful claim.

Apparently, product liability is considered a strict liability offense. The law makes everyone involved in the production of consumer product relatively liable for any injury that may result wherefrom.

A product liability claim may be brought based on one or more of the following causes, to wit: Design defect, Manufacturing defect and Failure to warn. Relevant to consider in this respect is the manufacturer’s warranty against eviction and hidden defects.

Design defects exist when a whole class of products is inadequately planned in such a way as to pose unreasonable hazards to consumers.

A manufacturing defect arises when a product is improperly assembled or produced.

Improper labeling of inherently dangerous product can be attributable to the manufacturer- amounting to failure to warn the consumer of the dangerous tendencies of the product.

Breach of warranty takes place when a seller failed to uphold an assurance about a product. Warranties may be express or implied. A violation of either is compensable whether it was covenanted in a contract or as an implication thereto.

As all in product liability cases, the rule on strict liability makes the manufacturer or seller responsible for all relevant injuries sustained resulting from the defective product.

In all these cases, the manufacturer is liable for damages including the other financial compensation in favor of the injured consumers.

The law on prescription of action or the Statute of Limitations played a significant role in the early stage of a case. As soon as the violation has become apparent, it is wise to seek an expert legal advice.

This is to ensure that your interest will be protected and all available legal remedies shall be exhausted.

A product liability claim is a complex and complicated area. When life is involved and in peril, it is better to place your fate with the experts in this area of the law. To ensure the protection of the interest of the injured consumer, the legal services of the top Los Angeles Product Liability Lawyers should be availed.

They are specializing in product liability claims and can help evaluate your personal situation, can determine if you have a strong case, and help you understand this complicated area of law.

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PILI