Can I Be Compensated for Injuries from a Defective Product?

Jul 23, 2019

People are injured by dangerously defective products every day. If the user of a product is injured while using it for its intended purpose, any of the sellers in the chain of distribution of the product from the manufacturer down to the retailer can be held liable for the user’s injuries and damages.

How a Product Might Be Dangerously Defective
According to the LA defective product attorneys at the Winthrop Law Group, there are three common ways that a product might be determined to be dangerously defective. Those follow:

  • Design Defects: The defect came from the drawing board and plans before the product was ever manufactured. All of the products in the line are deemed to be dangerously defective.
  • Manufacturing Defects: These occur when the product is being manufactured or assembled. Only a few of the products in the line are dangerously defective.
  • Marketing Defects: These occur as a result of the lack of labeling or insufficient labeling on instructions, use or safety.

Strict Liability
When the injured claimant is injured by one or more of these three product defects, strict liability is said to attach, and the claimant can be compensated for his or her injuries. Strict liability is a misnomer though. Defenses to the product liability claim can still be asserted.

Damages
When injury victims are able to overcome product liability defenses, they become eligible for damages. Compensation can include their medical bills, lost earnings, any permanent disability or disfigurement, pain and suffering, diminished quality of life and other damages in the event of a wrongful death.

Any product liability case involves legally sophisticated issues of liability, defenses and damages. Only an experienced and effective product liability attorney can competently approach and prove such a case. If you or a family member were injured as a result of a dangerously defective product anywhere in or around Los Angeles County, contact the LA defective product attorneys at the Winthrop Law Group to arrange for a free consultation and case review.