After you meet with your California product liability attorney, your lawyer will try to determine where things went wrong with the product that injured you.
A product is considered defective when it poses an unreasonable danger, so that means if you were using it in any way other than how it was intended to be used, you can't really pursue a product liability case. An example of this would be if you were washing out your blender after making a smoothie and you cut your hand on the blade inside. The blade is already understood to be dangerous, and it is not anyone's fault but your own that you got hurt.
With that in mind, there are three main things your attorney is going to be looking for that will make or break your product liability case:
- Defective design. This means there was an error in the planning stages of this product before it was ever made, and the people who designed it would be responsible. They may have made a miscalculation or completely overlooked something critical that led to the product becoming dangerous to consumers.
- Defective manufacturing. If a product was defectively manufactured, this means the defect occurred when it was being physically created. There may have been a machine malfunction, or it could have been the result of human error.
- Failure to warn or give instructions. Some products—such as medication or complex machinery—require additional instructions for proper use. If a company does not provide you with additional instructions or materials to understand how to use a product safely, it can be at fault.
If you have a feeling you know where the defect may have occurred, be sure to share that with your attorney. If not, don't worry—your lawyer will have the experience and training to get to the bottom of things for you.
Were you injured by a defective product in the Los Angeles area? Contact the Law Office of John P. Rosenberg for a free consultation at 818-716-6400 and request a FREE copy of our book, The 5 Worst Mistakes That Can Ruin Your Injury Claim.