Oxnard, CA Defective Products Lawyer
Purchasing a product means exchanging money for something that you believe will improve your life in some way. Which is one of the reasons why suffering harm due to a product defect can be so shocking–you have an expectation that the product will improve your life, not cause you harm. At the law office of Fisher & Talwar, our Oxnard, CA defective products lawyer understands how confusing a defective products case can be, and the frustration and anger you may be experiencing. For help navigating the claims process and recovering financial compensation to pay for your injuries, call our defective products lawyers today.
Types Of Defective Products Cases
Product defects affect a range of products. Most commonly, types of products involved in defective product suits include motor vehicles, electronics, household appliances, prescription, and over-the-counter drugs, and furniture, although this list is not inclusive. There are three different types of product defects:
- Manufacturing defects. Many defective product cases fall into the category of defectively manufactured products liability cases. When a product is defectively manufactured, it means that something goes wrong during the manufacturing phase of production–or, sometimes, the distribution phase–that leads to a product defect that renders the product dangerous. For example, if an adhesive is contaminated, it may not be as effective, leading to a product falling apart, such as in the case of tire tread separation.
- Design defects. A design defect refers to exactly that–a defect in the way that a product is designed. A kitchen stool that is designed to only support 100 pounds of weight would be defectively designed, as the average adult human weighs more than that. Or, a vehicle that is designed to be top-heavy and at an increased risk of rolling over, as a result, is an example of a defectively designed product. Defective design is common in pharmaceutical drugs, where the side effects of the drug are more serious than the benefits derived by using the drug.
- Labeling defects. If a product is defectively labeled, it means that the product does not have a design or a manufacturing defect, but that something on its label–or the lack thereof–makes the product dangerous. For example, if a prescription medication should not be taken in conjunction with another medication or substance, this should be disclosed on the label. Or, if a product should not be used in certain conditions, for example, a gas grill that is only safe for outdoor use, these conditions must be explained transparently.
Who’s Liable For Harm Caused By A Defective Product?
Using a product that causes you harm or being involved in an accident–such as a motor vehicle accident–as a result of a defective product can be shocking. If you are harmed due to a product defect, you need an attorney who can investigate your case and determine what type of defect existed, gather evidence to prove that your injuries would not have occurred but for the product defect, and make a determination about liability for your damages. Examples of parties who may be held liable for a defective product include:
- The product manufacturer if the manufacturer is responsible for the design or manufacturing defect; or
- The product distributor if they knew that a defect existed and yet they distributed the product regardless.
In products liability claims, strict liability often applies. This means that the defendant can be held liable for damages if the product is proven to be defective regardless of the defendant’s intent or negligence. Sometimes, product liability claims are pursued under theories of negligence or breach of warranty.
Why Work With An Experienced Oxnard Products Liability Lawyer
If you think that you have a defective product claim, one of the first things that you should do is consult with an experienced attorney who can review your case. Bringing a claim against a product manufacturer or distributor can be complex, especially because large companies hire aggressive lawyers to protect them from claims. Having an attorney on your side can improve your chances of success.
A product liability lawyer will also handle all elements of your case on your behalf, from an investigation to gathering evidence to hiring experts and more.
Call Our Oxnard Defective Products Lawyer Today
When you have suffered financial and non-financial losses as a result of being harmed by a defective product, you need someone on your side who will advocate for you. At the law offices of Fisher & Talwar, our Oxnard defective products lawyers understand the ins and outs of product liability claims and will work hard to protect your interests. Call our law firm today or send us a message at your convenience to get started.