Dangerous Products and How to Deal With Them
Dangerous products cause many injuries and fatalities each year. Although the Consumer Product Safety Commission has the job of protecting the public from dangerous products, it’s a big job that involves thousands of types of consumer goods. The CPSC is charged with developing industry standards, banning unsafe products and researching potential hazards. However, a number of serious injuries or even fatalities can occur before an unsafe product is recalled. When this happens, the injured person can face lost time at work, high medical bills and other costs. A lawyer who is experienced in products liability can help you get the financial compensation that you need and deserve.
Dangerous Product Defect Types
Defects in design, manufacturing or consumer warnings can all lead to dangerous products. A seller or manufacturer can be held responsible when one of their products injures a consumer. In addition, the chain of distribution may be held responsible. Products that are in the marketplace are expected to be safe when used as directed by the consumer. When an injury occurs, a product liability claim, based on California law, may be made. As in other personal injuries, a dangerous products claim must be placed within two years of the injury, or the case may not be heard in court.
Design Defects
Design defects affect all the products in a particular line, even if it was made according to the specifications given by the designer or manufacturer. One example may be a dresser that topples over if more than one drawer is open at the same time. This could cause severe brain injuries or spinal cord damage. If the person happens to be a small child, it could result in a fatality. Another example is in top-heavy vehicles such as SUVs, light trucks or vans. A vehicle that experiences a rollover may not have the proper roof strength to prevent the top from being crushed. This can also result in severe head injuries and increase the risk of a fatality.
Manufacturing Defects
A defect in manufacturing happens during the production of the item and probably does not affect every product. For example, a manufacturing defect may be a medicine that is sold and contains the wrong medication or dosage. This could be dangerous and cause serious side effects or a fatality. It could also affect the outcome of the person’s illness or medical treatment.
Marketing Defects in Dangerous Products
Dangerous products can include inadequate or faulty instructions or a failure to warn of dangers. For example, a failure to warn the consumer that a product is flammable is important. Using a flammable product near an open flame could cause a fire, resulting in serious burn injuries. Medications that fail to warn consumers of dangers are vitally important, whether they are prescription drugs or over-the-counter medicines. For example, taking an antihistamine along with medicine for motion sickness can cause extreme drowsiness. If the individual is driving a car, it could cause them to fall asleep at the wheel, resulting in a car accident.
What a Lawyer Can Do for You
If a defective product caused your injury, it’s important to know what your rights are. An experienced products liability lawyer can help by advising you and answering your questions. Lawsuits for product liability to recover personal injury damages can be based on negligence, misrepresentation, breach of warranty or strict liability. No one should have to bear the cost of their accident injuries when they were caused by negligence.
Sacramento Products Liability Lawyer
I’m Ed Smith, a Sacramento products liability lawyer. If a product caused your injury, I can help. Please call for my free and friendly advice at (916) 921-6400 in the area around Sacramento. Long-distance callers can call me at (800) 404-5400. Some prefer to use our contact form online.
I’ve helped Sacramento residents and other Californians to obtain fair compensation for their injuries for 37 years. This includes in areas such as any type of car accident, cases of wrongful death and catastrophic injuries.
I am a California member of the National Association of Distinguished Counsel. This group recognizes lawyers they believe uphold the highest standards in the practice of law. I also belong to Million Dollar Forum. It is a group reserved for trial attorneys who’ve won more than one million dollars for a client.
You can learn what others have said about my law practice and look over previous cases handled by my firm at:
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