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Lancaster Product Liability Attorney

Defective Product Lawyer Lancaster

Product recalls and consumer advisories are meant to protect consumers from dangerous and defective products, but sometimes recalls and warnings do not come early enough or do not reach all affected consumers who suffer product liability injuries. So you might wonder what happens in product liability cases and who is at fault? Parties in the chain of distribution including designers, manufacturers, and distributors may be held liable for defective products. Cases for product liability are not uncommon and juries take defective product injuries seriously. The Insurance Information Institute reports in 2015 the average product liability case award was $4.8M.

Types of defective products

There are many types of defective products that cause injuries and some of the ones we see often include the following:

  • Defective vehicles and vehicle parts – Entire vehicle models can be defective or specific parts of a vehicle can be defective. Vehicle parts that have been recalled recently include defective ignition switches, defective airbags, and faulty windshields.
  • Pharmaceuticals – Pharmaceuticals are sometimes found to be defective because they cause dangerous side effects that were previously unknown or not disclosed. For example, an arthritis drug that causes liver damage or a diet drug that causes heart problems are defects that have prompted recalls.
  • Defective medical devices – Recent examples of medical device defect recalls include resuscitation devices that failed to deliver oxygen and CPAP mask cushion devices that had possible air leaks.
  • Household goodsHousehold goods are defective when dangers are discovered such as products determined to be fire hazards, fall hazards, and lead containment violations.
  • Children and baby products – Children and baby products that have been recalled due to product defects include dressers, cribs, strollers, and toys.

California's theories of recovery for product liability

In California product liability cases, you may recover under three theories: strict liability, negligence, or breach of warranty. See below for brief descriptions of each of them.

  • Strict liability – To recover under a theory of strict liability, the plaintiff does not have to prove that anyone’s negligence caused the product defect. Defects can be due to manufacture or design defects or the failure to warn of existing dangers.
  • Negligence – to recover under a product liability negligence theory, the plaintiff must prove that someone’s negligence in the design or manufacture of the product caused the product’s defect.
  • Breach of warranty – under a breach of warranty theory, a plaintiff must show that a breach of an express or implied warranty occurred. Breaches can include a plaintiff encountering a product that is not fit for its intended purpose or is not of acceptable quality.

Product liability is complicated and confusing, but you do not have to figure it out by yourself. If you have been injured by a defective product, contact a product liability attorney at Compass Law Group, PC. to schedule a consultation. We will review the facts of your case as well as your damages and injuries. Our Lancaster product liability experts have one goal and that is to see that you are fully compensated damages and injuries you sustained as a result of a defective product.

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No matter who the opposing party is, they can’t outwork, outwit or outspend Compass Law Group, PC. We will do everything that is necessary to win the case, and we’re here to help victims fight back against those who injured them.

Hiring the right personal injury attorney can often make the difference between getting the maximum settlement to account for your medical care, damages and lost wages or getting short changed or even having your case dismissed completely.

Have you been injured in an accident due to the negligence of others? Contact the Los Angeles personal injury attorneys at the Compass Law Group, PC because finding direction after an accident means having a great Compass on hand.

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