A Brief Summary of the Following Article
When you buy a product, you expect it to be safe for you to use. In fact, that’s one of the leading selling points of any product. Companies have a legal responsibility to ensure that the products that they manufacture and sell are safe for consumers. When they fail to meet those basic safety requirements, you can hold companies liable by taking legal action.
Your next step can be to file a product liability lawsuit against the manufacturer or seller of the product that hurt you. Working with product liability attorneys like Kash Legal, you may be able to collect compensation for your injuries. We can tell you more about your case after a free consultation.
Product liability is the responsibility of manufacturers and retailers to make sure that the products they sell are safe. If they fail to ensure consumer safety, then they can be held liable for the damages that result.
This is partly why companies participate in recalls, where they publish a notice about defects and offer to buy back or repair the product. A successful recall can prevent consumers from being injured and save the company millions in liability claims. Unfortunately, companies often don’t take action until someone has already been hurt by a defective product.
Every case where someone is injured by a company’s product will not result in liability for the manufacturer or retailer. For either of those companies to be liable for the injuries, the product must be defective in some way. If a product is not defective and simply misused by the consumer, then those companies are not liable for any damages.
Misusing a product is using it in any way that it was not intended to be used. There are many examples of this every day, but the issue is that a company cannot design a product to withstand all situations and be safe. For example, overheating a lamp by putting the wrong light bulb in it means that the lamp was misused. The companies that made or sold the lamp cannot be held liable since the product is not defective.
This is why there are large warning labels on products that are designed to be used within a specific set of parameters. Going outside those parameters to get the product to do something different is a risk on your part, and it also means that you take on all of the liability for your choices.
Product liability cases can be complex since there are several companies that can be held liable in a single case. Manufacturers and retailers are the targets of these lawsuits. It is possible for one or both companies to be held liable simultaneously depending on their actions leading up to your injury.
It is important to note that product liability applies regardless of what the companies know. This means that even if they did not know that their product was defective, they can still be held liable. For an injured consumer, this is an important distinction under the law since it means that the company cannot escape their responsibility by claiming that they did not know a product was defective.
Determining which company to sue is a matter to discuss with your product liability lawyer about your specific case. In some cases, your lawyer may recommend suing the manufacturer. The retailer might be the appropriate target based on their actions. However, your product liability attorney will have to take a deep look into the specifics of your case to determine the best way to move forward.
When a product liability lawsuit is filed, the process moves much like any other lawsuit. The company that you’re filing against has a chance to plan its defense, and both parties meet in court to adjudicate the lawsuit. What you may find surprising is that this is not the most common outcome of a product liability case.
When a case goes to court, it becomes a matter of public record, which means anyone can look it up. This is often how sensational court cases end up in the news. Companies typically want to avoid this to avoid damage to their reputation. Because of this, it is more likely that the company that you are suing will try to negotiate a settlement before it goes to court.
If this happens in your case, your product liability attorney steps in to negotiate any form of a settlement. Lawyers are often expert negotiators and can achieve better results than you could on your own. It is entirely possible that your lawyer will negotiate a settlement that accurately reflects your needs and creates a better opportunity than taking a case to trial. Many product liability cases settle out of court, so it is not a strange thing to have happen in your case.
If you were injured by a company’s product, discuss your case with a Bakersfield product liability lawyer. There are several important ways that having a product liability lawyer can help you. For example, most people do not have experience negotiating multi-million dollar settlement contracts. An experienced lawyer likely does have this kind of experience, especially if they work in product liability.
Having a product liability lawyer also helps you from the stress of handling. This is especially true if your lawsuit is against a large and powerful company. Powerful companies have a reputation for trying to intimidate plaintiffs into accepting deals that are not in their best interest. Good lawyers are able to handle this level of stress without it impacting their work.
Product liability cases can be complex, and knowing what to do next is a challenge. Start by discussing your case with a product liability lawyer. They can take a look at your case and give you better advice on what to do next.
Don’t wait to talk to a Bakersfield product liability attorney since you only have a limited amount of time to file your claims. Contact Kash Legal by calling us at (888) 527-4128 or filling out our contact form to arrange a free consultation. We are dedicated to helping you get the compensation that you deserve.
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