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Defective Products & Liability: Frequently Asked Questions 

| Sep 20, 2018 | Product Liability

As a consumer, you may feel at ease to know that when it comes products, you may be protected if you are injured as a result of a defective product. Before filing a claim, however, it is important to understand basic elements that could hold a company’s products or the manufacturer responsible for the injuries you’ve sustained. In legal terms, this type of lawsuit is known as a products liability claim. The attorneys at Martinez & Schill have handled cases involving defective products in San Diego and throughout Southern California. Call 619-512-5995 to schedule a free, no-obligation consultation regarding your matter today.

What are the various categories of defective product liability claims?

Generally, there are three categories of possible product liability claims. These are as follows:

  1. Defectively manufactured products
    1. These products have been manufactured incorrectly. This could have occurred in the factory or assembly line in which the product was put together. The fault was somehow established in the production of the product to the point of when the product was purchased.
  2. Defectively designed products
    1. Defectively designed products involve those products that were inherently dangerous based on their design. This generally means that every single one of the products will be faulty.
  3. Inadequate instructions and warnings
    1. Some products do not have sufficient warnings regarding the correct use of the product. Without the proper warnings, this product is likely to cause injuries. These forms of lawsuits can sometimes be referred as defective marketing claims. 

Who can be held responsible if I suffer injuries as a result of a defective product?

If you’ve suffered injuries or damages as a result of a defective product, the lawyers at Martinez & Schill  can potentially include all parties involved in the design, manufacture and distribution of the product.

This can include any of the following:

  • The designer of the product
  • The distributor of the product
  • The manufacturer of the product
  • The store which sold the defective product
  • The suppliers and wholesalers involved in the distribution of the defective product

Depending on the facts of the case, a lawsuit can also include engineers, designers, contractors, consultants, or other parties that could have been a contributing factor to the defective injury-inflicting product. If you have been injured by a defective product, seek the legal advice of an experienced product liability attorney. An attorney with the right experience will understand what party will likely be held accountable for the injuries you have sustained.

What are the necessary elements that must be proven in order to win a defective product liability lawsuit?

Every claim that is filed must provide evidence in order to be successful. The amount of evidence and the kind of evidence necessary will depend on the claimant’s facts. One of our attorneys will be able to guide you through what elements are needed to make sure that your matter is eligible for a claim and how to best proceed.

The Bottom Line

If you or someone you know has sustained injuries as a result of a defective product, it is essential to seek the guidance and support of a qualified team of attorneys who can guide you through the process of filing a product liability claim. The attorneys at Martinez & Schill LLP., have extensive experience in dealing with products liability claims. We are dedicated to assisting victims obtain financial restitution for the injuries they have sustained from a defective product. Call 619-512-5995 today to discuss your matter today. We have recovered millions of dollars in compensation for clients throughout Southern California.