Vital Issues In Product Liability That You Should Know About

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Personal Injury lawyer Santa Ana

Product liability is a branch of personal injury law that deals with the design, manufacture, distribution, and sale of products or services. They may include lawsuits against a variety of businesses or business organizations, such as retailers, advertisers, and manufacturers. Product liability, like many other fields of legal expertise, has its own diverse collection of laws, guidelines, precedents, and legal doctrines.

Determining Fault

Unlike many other personal injury cases, in which often only one individual or company is held responsible or liable for damages caused, product liability claims must often target a long chain of businesses. This is because any given product must pass through a multitude of manufacturers, distributors, and retailers before it comes into the hands of consumers.

Any or all of these entities may have contributed, caused, or failed to warn about dangers or defects in the product. An accurate product liability claim must be able to trace this path of liability through many levels of the production process and determine who, if anyone, is directly and legally responsible for the plaintiff's injuries.

Negligence vs. Strict Liability

A standard of negligence in product liability requires proof of three items -

a) That a person or organization knew or should have known of a flaw or danger associated with a product.

b) That the person or organization failed to repair or warn of the flaw or danger.

c) That the flaw or danger was the direct cause of the plaintiff's injuries.

Proving negligence is often a highly complex and tedious process. However, the good news is that many product liability cases are based on the much simpler principle of strict liability. This principle holds that a manufacturer is liable for any and all injuries caused by its products, whether or not it was negligent in producing them.

Breach of Warranty

A warranty is a sort of assurance or guarantees that a product will perform as advertised. It can be an express warranty (that is, a standardized warranty documented in writing) or an implied warranty (one which could reasonably be thought to exist from the nature of a sale). Violation of these warranties by a product that does not work as intended may be grounds for a product liability suit.

Mr. Niral Patel, the excellent Product Liability Attorney Santa Ana, California, has been representing victims of injuries for over 26years. From Defective products to Coronavirus Business Insurance, our attorneys legal professionals have the expertise knowhow to advocate for your rights benefits. If you have been injured need an expert attorney to represent you, contact Mr. Patel at 1-(805)~748-9317 for a free initial consultation.