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Manufacturers, distributors, retailers, and companies have the responsibility to sell products which can be safely used by consumers. In case a certain defective product was sold in the market which resulted to any form of injury to a person, product liability claims can be filed against the company.

For people who are planning to file product liability claims, any form of injury incurred as a result of using the defective or unsafe product must be well-documented. This will serve as evidence when the victim decides to file claims against the manufacturer.

After establishing that the victim has sustained an injury after using the product, the next thing to do is prove the company’s liable for the injury.

Here are the reasons why a company can be held liable:

  • The manufacturer failed to include a product warning or instructions which led to the wrongful use of the merchandise and resulted to injury.
  • There is a breach of warranty.
  • The product has defective parts which resulted to injuries.

For individuals who sustained injuries due to defective products, they can file monetary compensation to cover the medical expenses and lost of potential earnings. But since product liability claims may sometimes appear hard to establish, plaintiffs should hire Los Angeles Product Liability Claim Attorneys who have the right knowledge and experience to help them get the monetary compensation they deserve from the liable parties or individual.

Meanwhile, product liability claims are not based on negligence but on strict liability. This means that plaintiffs should not necessarily prove the negligence or mistakes of the liable parties—all they have to do is prove to the court that they have sustained injuries after using the substandard product.

People who have filed product liability claims can receive monetary compensation either from litigation or settlement negotiation. Meanwhile, when the plaintiff and the defendant have agreed for a settlement, it is important that this should be done in the presence of a lawyer to make sure that the victim will receive the right amount of compensation.

Important tips for consumers who are planning to file product liability claims
  • Call an attorney who specializes in this case.
  • Keep the defective product/good which can serve as hard evidence against the company. Do not change anything or try to fix this. Also, make sure to keep the product in a safe place where no one can steal this.
  • In case the defective product is in the custody of another person or even the defendant, the plaintiff should immediately file for a temporary restraining order or preliminary injunctions to make sure that the product will not be tampered.
  • Purchase more products which are similar to the substandard one. Since there might be product testing, the plaintiff can prove that the defective product had caused physical injury. Having back-up samples can also mean that the defendant cannot reason out that the defective product has been already pulled out from the market.
  • Gather more information about the defective or substandard product.
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