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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Product Defects
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When someone is injured while using a product that was defectively or dangerously manufactured or marketed, they may be able to recover the resulting damages from the responsible party in a products liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable.
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Causation
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Proving causation in a products liability case can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller, and that the defect was the cause of the accident that led to the plaintiff’s injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.
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In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the possible dangers associated with the product. In addition, they must establish, through relevant and credible evidence, that the product caused the injuries and that he or she was using the product in the way it was intended to be used or even that the manufacturer should have anticipated that the product would be misused in the way that it was. Manufacturing defects are usually easier to prove than design defects.
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Bases of Recovery
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The following are some possible legal theories that can be argued in a products liability case.
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- [Negligence. Negligence is a lack of reasonable care in the manufacture or sale of the product or in warning about the product.]
- [Breach of warranty. Breach of warranty is failure to fulfill the terms of a promise regarding the performance of a product.]
- [Misrepresentation. Giving consumers a false sense of security about the safety of a product is a type of misrepresentation.]
- [Strict liability. Where the defect of the product, although not the fault of the defendant, rendered the product unreasonably dangerous, the defendant is therefore responsible under the theory of strict liability.]
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your personal injury legal needs.
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Q: What kind of compensation may I recover for my injuries?
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A: An injured person may be awarded compensation, or damages, for: Medical expenses; Future medical expenses; Expenses to care for the injured person; Lost income; Loss of income in the future; Pain and suffering; Loss of enjoyment of life; ans/or Loss of consortium, or spousal relations. In some cases, an injured person may be able to collect punitive damages, which are meant to punish a person who acted badly. Punitive damages, if any, would be in addition to the damages listed. If you read reports of verdicts or settlements in catastrophic injury cases, you may be struck by the large amounts of money involved. Remember that this money is meant to pay for many different, and expensive, things: extra medical care, lost wages, pain and suffering. A catastrophic injury takes away part of a person's life, and money damages are the law's way of attempting to pay for that loss.
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