Proving a Defective Product Liability Claim
If you have been injured due to a defect product you may need the advise of a products liability attorney. Product liability is a type of legal theory based on defective or dangerous consumer products. Companies that manufacture and or sell products generally have a legal duty to make sure the products they offer are free from defects that present an unreasonable risk of harm to consumers. If a product turns out to be dangerous or defective the person injured may have a products liability claim and sue for damages. Talk to a personal injury attorney San Diego residents trust to discuss your potential case.
Generally product defects include manufacturing defects, design defects and defective warnings. It’s very important to understand that product liability law is very complex. For instance just because a product was involved in an injury does not automatically mean there is a valid claim against the manufacturer. A skilled personal injury attorney San Diego residents trust can help you determine whether or not you have a valid case. You may want to know if you have a product liability claim, as many others want to know the same thing.
What Needs to Be Done
There are a few pieces of information that you will need to have and a few issues that must be proven in order to win a defective product liability claim. The first bit of information a products liability attorney will want to have is all the details of the accident or circumstances that you can possibly provide, as quickly as you can. Another issue that needs to be addressed as soon as possible is the product itself. A letter will have to be prepared that is called a preservation letter. You will want to makes sure that everything including all the evidence of the case is preserved, as close to the condition it was in when the accident happened as possible. In many defective product liability cases, it’s very important to have the product in question. It can become very hard, depending on exactly what kind of case it is, it becomes very difficult to establish a call to action without the product.
It’s extremely important that you preserve the product. What many attorneys like to do is start their investigations regarding the case immediately. That usually involves investigators being sent to a particular accident scene. It may also involve research the product itself, photographing it, etc. The legal team will also start doing their own independent research regarding the product, to see if it has been involved in other legal lawsuits. Depending on what type of product it is, they will look at different sources for information about the product like the Consumer Product Safety Commission, to see if there are other outstanding safety issues with the product. Things like that are done almost immediately by the law firm after a consumer hires an attorney to represent them. Depending on what type of product something is, the first thing that is looked at is, to see if the product has been the culprit in other types of accidents or claims, the legal term is ‘other similar incidents’. Almost all product liability cases are dealing with very large sophisticated large defendants like car companies as an example. There are a few things that have to be proven in order to be successful in a defective product liability case. You must first of all prove that the product was in fact defective and secondly you must prove that as a result an approximate case of the defective product, a person was injured. Those points can be very difficult to prove for a lay person, it takes acute legal acumen to successfully prove those points. The discovery process is very tough when it comes to these defective liability cases that are facing these sophisticated companies. Trying to get these companies to hand over documents that prove their products are defective is no easy task. Often times when investigators dig deep enough, they have been found to uncover that companies knew products were defective before they even put the products on the market. That fact has been seen in many of these types of cases. That is one of the most difficult aspect of these types of cases.
These cases often times are very technical in nature, it can get very complicated when you’re dealing with engineering and or design principles. For example you have to prove in car crash cases specific issues. You have to assemble bio-mechanical experts to prove how a body moved, to show how a seat belt functioned in arguing the seat belt was the cause of the injuries for example. You must be able to illustrate that the injuries occurred solely because the seat belt was defective. The other side will try to show that the injuries could have occurred even if the seat belt was working properly. Many automobile cases revolve around the restraints in the cars or trucks. For instance, the air bags, the seat belts, or even the seat backs themselves. All of these are an intricate part of any restraint system. They are designed to keep the occupant in their seated position. If a person is involved in a car wreck the number one goal is generally to stay inside of the vehicle. These companies advertise vehicles that are safe. Often touting the fact that they have air bags and a seat belt mechanism. However sometimes the opposite occurs and series injuries occur.
Contact an Attorney for Personal Injury Compensation San Diego
If you have been the victim of a defective product, contact personal injury attorney San Diego residents trust by calling George Charles Heppner at (619) 235-4300.