When are Manufacturers Liable for Injuries?

Manufacturers can be held liable in the event that a product is either excessively hazardous or defective. Even if the manufacturer doesn’t actually do anything provably wrong in the manufacture or sale of the product, the liability can still be present because the problem lies with the product, even when used in a normal and reasonable manner.

  • For example, an individual purchases a wading pool and before filling it with water, slips and break several bones because the pool’s base is far too slick. Despite the fact that the pool functions as intended when filled, it can still be considered unreasonably dangerous because the design is flawed, and it is not unreasonable for an individual to be in the pool when unfilled, perhaps for cleaning purposes.

Of course, there may be exceptions to this concept in certain jurisdictions; therefore, you should always check with an attorney before moving further if you believe you have a case.

Product Liability

What is Considered “Unreasonably Dangerous” and “Defective”?

Generally speaking, if the average person believes a something is hazardous based on their complete understanding of how it functions or how it is supposed to function, legally it might be considered a hazard. However, this test is highly subjective. Therefore, it is still better to consult an attorney before assuming that you have a legitimate case.

When Liability May Not Apply

There are exceptions. Obviously, some products are or can be highly dangerous by nature, even if they are used in their intended fashion. Over the counter and prescription drugs can be dangerous for some or all individuals, but their benefits may outweigh their dangers and their manufacturers are thus exempted so long as the side effects or dangers are explained to the consumer. Even in the event that a prescription drug negatively affects an individual well beyond the average case, the manufacturer may still not be liable because the affected individual experienced an extraordinary circumstance that the manufacturer could not realistically account for. In particular, foods with the “foreign-natural” distinction are not subjected to product liability laws, even if the technology exists to remove certain chemicals and/or common allergens.
Another example of an exemption would be if an individual uses a product in a manner that it was clearly not intended for. For example, if someone decides to make toast in the bathtub for some reason and was electrocuted, the manufacturer would not be held liable.
A final, common example of exemption is known as preemption, which excuses a manufacturer of liability from a defective product if they were following state or federal regulations when making it.
As mentioned above, the laws of different jurisdictions can play a role in determining if a manufacturer is liable for an injury or fatality. Thus, it is best to consult an attorney.

Proving Liability

Two things must be established in order to sue a manufacturer for an injury or death caused by a product.

  • First, you must prove that the company you are taking action against actually
  • Second, you must prove that the product is defective and that the problems with it were involved in the accident.

A Product Liability Attorney You Can Trust

Los Angeles’ most distinguished and committed product liability lawyer founded Kamran Yadidi Law Group in 1996.
The Kamran Yadidi Law Group has worked over 10,000 personal injury cases, including product liability torts. Counting verdicts and settlements, the firm has maintained a 98 percent success rate and won its clients over $200 million. Trial experience and expertise, however, separate the good lawyers from the great ones. Mr. Yadidi has earned his outstanding reputation in terms of obtaining outstanding results for clients. which has led to an increase in settlement offers compared to other attorneys in the field.
The professionals at Kamran Yadidi Law Group pride themselves on their selectivity. We are known for being straightforward and blunt with clients about their cases. The firm will not take a case that does not have legal merit, which saves time and heartache for all parties.

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