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Orange County Top Gun, Medical Malpractice Trial Lawyer in 2002 & 2006
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Contact HodesMilman today to speak with our product liability lawyers, serving Newport Beach, Los Angeles, and locations throughout California.
The frequently asked questions below are designed to help our clients gain a better understanding of product liability law and the elements of a successful product liability claim. If you have been injured by a defective product and would like to speak with one of our product liability attorneys, please contact HodesMilman today. Our offices serve Newport Beach, Los Angeles, Orange County, and locations throughout California. We invite you to schedule your free consultation today.
Product liability law governs the ability of a consumer to seek compensation for injury or property damage resulting from the use of a defective product. A product is considered "defective" if it is unreasonably dangerous when used as intended. Examples of product liability include everything from automotive defects to dangerous or improperly labeled prescription drugs. To proceed with a product liability claim, a plaintiff must prove (1) that the product is defective or unreasonably dangerous; (2) that the product reached the consumer in the same condition it was sold in; and (3) that the defective product injured the user (causation).
Whatever the facts of your case, our attorneys can help you to determine whether there is sufficient evidence to proceed with a defective product claim. Contact HodesMilman to speak with our team of product liability lawyers, serving Los Angeles, Newport Beach, and locations statewide.
There are generally three types of flaws that would make a product defective:
Defective design claims allege that a product is flawed in its original design. If the design of a product is unsafe, the entire product line can be considered unreasonably dangerous for consumers. Cases of defective design can include everything from instances in which designers fail to add safety features to a product to situations in which a design oversight renders the product dangerous when used as intended or in a foreseeable manner.
Manufacturing defect claims arise when a product is designed properly but there is an oversight during the manufacturing process that makes the product unsafe. Manufacturing defects are generally unplanned and can result from a mistake in the production process or poor execution of a design.
Failure to warn claims result from a failure to provide proper instructions for the use of a product or a failure to warn of a particular side effect or risk associated with the product. When it can be demonstrated that these marketing defects prevented a consumer from either recognizing the risk associated with the product's use or using the product in a safe manner, the responsible parties may be held liable for damages.
You do not necessarily have to own the defective product in question to file a product liability claim. If you were borrowing what you feel is a defective product and were injured as a result of using that product, you may still be eligible for compensation. Contact our product liability lawyers in Newport Beach or our location nearest you to discuss the particulars of your case.
One of the most common defenses to a product liability lawsuit is that the consumer was using the product incorrectly or even negligently. However, even if misuse of a product can be proven by the defense, it does not necessarily preclude the plaintiff from collecting damages. Manufacturers have a responsibility to anticipate certain misuses of a product by consumers and warn them of the potential dangers of using the product in an unintended manner. It is only when the misuse of the product would be unforeseeable by the manufacturer that they may be able to escape liability.
If you were injured by a defective product but are unsure whether misuse of the product could negate your claim, please do not hesitate to contact our product liability lawyers. You may still be eligible for damages.
Liability in defective product claims is far-reaching. Everyone from the manufacturer of a product to the distributor and seller can be held liable in a product liability lawsuit. If the product was ever repaired, the repairperson may even have some responsibility for damages.
The assistance of an attorney is extremely valuable in determining who is responsible for injury or damages caused by a defective product. Our team of product liability lawyers has helped consumers throughout Newport Beach, Los Angeles, and across California hold responsible parties liable for the damages caused by defective products. We can help you identify all parties that may be held accountable in your lawsuit.
If you have been injured by a defective product and would like to speak with one of our attorneys, contact HodesMilman today. Our product liability lawyers serve Los Angeles, Newport Beach, Orange County, and consumers throughout the state. We do not accept all cases, but consultations at our offices are free, so please contact us today.