All product liability claims are subject to a statute of limitations, which limits the time you have to file a case. If a consumer product has injured you or a loved one, contact Kuvara Law Firm 1-800-4-INJURY to speak to a qualified product liability attorney today.
A product´s liability is measured by its usefulness versus its potential for risk. If the risks outweigh the product´s intended benefit, then the product is considered defective. Product liability can include any consumer product, including machinery, vehicles, food, blood, baby products, and more. If a consumer product has injured you or a loved one, you may be eligible to file a product liability claim to seek compensation for your losses and suffering.
To successfully litigate a Product Liability Case six factors must be taken into consideration.
Reasonable grounds for product liability are divided into three categories. The first is type of product liability claim is negligence. Negligence may be claimed if the consumer can show that the manufacturer failed to fulfill a duty to the consumer, thus causing injury. An injured consumer can claim negligence in a product liability lawsuit for damages related to a design defect, a manufacturing defect, or inadequate warning of the dangers posed by a product.
The second type of product liability is a breach of warranty. A warranty is considered any statement made or implied by a manufacturer or seller during a commercial transaction regarding that product. Breach of warranty concentrates on a violation of the implied or expressed intentions or the adequacy ("fitness") of a product for a particular use. When a product does not measure up to labeling or marketing guarantees, a breach of warranty claim can be made through a product liability lawsuit.
The third type of product liability claim is strict liability. In the case of strict liability, the consumer must prove that the product was in some way defective, even if there was no negligence in the production process. Therefore, even if the producer of the product took all of the proper precautions, they can still be held liable through strict liability for any injuries caused by their product. Typically, strict liability only applies to manufacturing defects.
Product liability can be claimed against any number of parties involved in the production "chain" of a product. The designer, producer, distributor, seller and other contributors can be held liable in a product liability case. A qualified product liability attorney can examine your case to determine who may be held liable for your product injuries.
It is important to keep any evidence pertaining to your product liability claim, such as receipts of purchase, labeling, packaging, the name and information of the manufacturer, and a record of the incident that caused the injury. With this information, an attorney can help you maximize your rights in a product liability case.
We will evaluate your Product Liability Case at no cost or obligation to determine the best way to protect your legal interests. Kuvara Law Firm 1-800-4-INJURY carefully handles each Product Liability query to ensure that your case is handled in the most effective manner. Discuss your story with one of our expert attorneys. Our offices for wrongful death are located in San Jose, San Rafael, San Francisco, Oakland, Sacramento, Walnut Creek, Pleasanton, Pleasant Hill, Vallejo, Fairfield, Santa Rosa, San Mateo, Redwood City, and Newark.
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