Product Liability Lawyers in Chico, CA
Product manufacturers owe a duty of care to individuals who will be using the product(s) to keep them safe and hazard free, and to not only provide instructions on the proper use of the product but also to warn individuals of any contraindications that may exist when using the product. Failure to do so can lead to serious injuries and in some cases, even death.
If you or a loved one have been injured by a product that you have purchased, it’s crucial that you contact an experienced California personal injury attorney. You can be confident that the product designers, manufacturers, and/or sellers have their own legal team who will work hard to undermine your claim. It’s important that you also have someone on your side fighting for your rights.
When Is a Product Manufacturer Negligent?
Legally, several things must be established in a product liability case in order to bring it forward.
- It must be proven that the designer, manufacturer, or seller of the product owed a duty of care to the injured individual. Generally, this is easy to prove. A product manufacturer automatically owes a duty of care to customers to create a safe product that contains proper instructions and warning labels.
- It must be proven that the product was defective. Whether the product was designed defectively, manufactured improperly, or became defective before it was sold (such as medication expiring) this must be illustrated in order to have a case.
- It must be proven that the defective product directly caused injury. For example, if an individual took a medication that was unsafe or defective, it must be proven that the injuries the individual sustained were caused by the defective product and not something else.
- It must be proven that the product was used in a manner consistent with its labeling. In cases where a product caused injury when it was used in a manner inconsistent with its labeling, the injured individual may not be able to receive compensation for the injuries.
- It must be proven that the victim incurred real damages due to the injury. The injury may not be compensable if it cannot be shown that the victim paid hospital bills, incurred lost wages, or other damages.
Contact the Law Offices of Zink & Lenzi today to learn more about product liability and how you or your loved one may be able to receive compensation for injuries sustained as a result of a defective product. Call now for a consultation at (530) 895-1234.