Defective Product Attorneys
Typical examples of product liability cases include: poorly designed automobiles, trucks, motorcycles, and recreational vehicles; unsafe power tools and appliances; hazardous children's toys, clothing, and accessories such as car seats and cribs; and pharmaceuticals or other healthcare products that cause dangerous side effects.
When a defective product injury occurs, a thorough investigation and evaluation of the cause(s)--conducted by a personal injury attorney with direct experience handling defective product accidents and injuries--is always the best way to proceed. Once the cause and severity of the injury or damages is determined, a defective product injury lawyer and the victim can reach an informed decision about whether or not to pursue a lawsuit or other legal option.
Product liability cases are extremely complex, expensive to prosecute, and vigorously defended by manufacturers. Three theories of law form the basis of most product liability claims:
Negligence theories require the plaintiff to prove that the defendant owed a duty to users of its products and bystanders to guard against injuries likely to result from reasonable, foreseeable misuse of the product. The plaintiff also must show that the manufacturer breached this duty and that demonstrable injuries were caused as direct result of the breach.
Strict liability theories hold that the manufacturer of a product is responsible to anyone injured by the use of an unreasonable and dangerous product. The burden of proof varies from state to state. California law, for example, requires that to prove strict liability a person must show the product was defective and unreasonably dangerous, that it was defective when it left the manufacturer, and that the defect caused the injury to the person bringing the claim. However, "strict liability" does not mean "absolute liability." An injured person cannot simply assert strict liability and automatically recover monetary damages for an injury. Instead, injured victims must still prove their right to compensation when asserting strict liability,
Breach of warranty theories hold that every product comes with an implied warranty that it is safe for its intended user. A defective product that causes injury or damage obviously is not safe for its intended user and thus constitutes a breach of warranty. Manufacturers cannot disclaim such a warranty and they will be held responsible if the product is, indeed, deemed defective.
Manufacturers are not the only ones liable for design defects that cause injury. The merchants or distributors who sell substandard or unsafe products also can be held liable in certain cases.
The skilled personal injury lawyers and defective product injury attorneys at Schwartz Roller LLP have successfully represented many victims of defective product injury. They understand the complexity of investigating, litigating, negotiating, and resolving product injury claims and are fully knowledgeable of the liability issues, defense strategies, and legal options involved. In addition, the law offices of Schwartz Roller LLP and its affiliate law firms have a team of investigators and consultants with the experience and knowledge to successfully and independently investigate the cause of any accident caused by any defective product. As a result, our qualified personal injury attorneys have consistently recovered substantial damages for our clients injured by defective products.
If you are injured because of a defective product, or if a loved one has died as the result of a defective product accident, contact the law offices of Schwartz Roller LLP. A defective product injury lawyer on our team can offer you a free, confidential evaluation of your case and advise you of your rights.
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