Generally, a manufacturer of a product is liable for placing a defective product into the hands of a consumer. Responsibility, however, can follow all sellers of the defective product as it travels its course from manufacture to use. It doesn’t mean there has to be negligence or deliberate action on anyone’s part for an injured person to recover damages, but often plaintiffs benefit from the legal necessity for a defendant to prove it wasn’t negligent.
When it comes to vehicle accidents, the usual complexity involved in a products liability lawsuit can multiply considerably. As evidenced by the recent General Motors ignition switch case wherein several fatalities occurred because admittedly a design flaw caused it to turn off unbeknownst to the driver. This resulted in loss of control and no deployment of air bags. Investigation has thus far revealed the company was allegedly aware of the problem and didn’t address it. History shows it is not unusual for companies that stand to lose huge amounts of money to avoid doing the right thing by consumers. Numerous lawsuits and settlements are pending.
We believe it is experience, skill and an effective strategy based upon sound evidence that can lead to appropriate compensation for victims. As explained on our defective products page, this area of law is complicated. One of the most important things to do is to preserve the dangerous product to the extent possible, document what happened exactly and gather all warranties, instructions or warnings that may be applicable. In some cases, it may be what isn’t there is what strengthens a case – failure to warn of a potential hazard for example.
California, as the other states, has its own laws that govern these types of claims. They are quite specific and to be successful in your claim, must be carefully evaluated to ensure proper application to circumstances. Determination and persistence can then achieve your goal.