Product Liability : Frequently Asked Questions

Q: What exactly does "product liability" mean?

A: Product liability is an area of law that requires to plan and create products with proper instructions. All product manufacturers are liable if their product should have a defect or malfunction.

Q: Who do I make a claim against if a loved one or myself was hurt from a defective product?

A: Most of the time, a claim will be made against the product manufacturer. Other times, a lawsuit may be brought against a product distributor. If an individual makes any changes or adjustments to the product that caused it to malfunction, then they would be the ones liable.

Q: In a product liability case, what needs to be proven?

A: The three main factors for a legitimate product liability case are the following: 1) The product must have been defected. 2) The defect must have been present in the product when the product was no longer in the manufacturer's control. 3) The cause of death or injury must have been that specific product defect.

Q: If a product had a disclaimer, would the manufacturer still be responsible if a defect occurs?

A: This depends on the situation. If this disclaimer specifically states not to use a product in a particular way but is done so anyways, the manufacturer is not at fault. However, if the product is used as intended and it still malfunctions and causes injury or death, a disclaimer does not protect the manufacturer.

Q: I was injured by a defective product, but the product is old. What can I do?

A: In many cases, even if the product has been around for awhile, its manufacturer has an ongoing and continous oligation should anything happen.

Q: In a defective product case, what damages can be recovered?

A: This depends on a number of different factors, such as medical or funeral expenses, loss of income, pain and suffering, loss of companionship, and more.

Q: When does a product manufacturer become responsible for harm that was caused to someone from their malfunctioning product?

A: This occurs after a product manufacturer has admitted and accepts responsibility but can also occur if a jury verdict requires a product manufacturer to be liable.

Q: How soon do I need a lawyer? Do I really need one?

A: Because of the time limit that comes with these types of cases, obtaining a lawyer as soon as possible is highly recommended. Without a lawyer, you may not be able to recover the compensation that you deserve.

Q: Other individuals, including myself, have been injured from a particular product. Do we have grounds for a class action lawsuit?

A: If enough people have been injured and the situation between everyone involved is very similar, an attorney may be able to represent everyone's claims.

Q: I used my product in a way that was not necessarily intended to be used. Does this affect my lawsuit at all?

A: Product manufacturers must foresee any possible product misuse that might occur from consumers. However, if a consumer misused a product in such a way that it was very difficult for a manufacturer to foresee, then they may not be responsible for the injury.

If you have anymore questions regarding Product Liability, contact our Los Angeles Product Liability Attorney today!