Consumers are protected under law from harm caused by products that have been defectively manufactured. A defect in manufacture is one in which a product has a flaw and was not made or produced safely during the manufacturing process though the manufacturer exercised care in producing and marketing it. In other words, the defect was not intended as in a design defect case and may have occurred through human or mechanical error.
If you have been injured by a defective product, call the Los Angeles personal injury lawyers at The Law Offices of Alex G. Tovarian.
Proof of liability
You may be able to identify a product defect because it usually has some feature that is different from the manufacturer’s design or deviates from other products produced in the same manner. For example, if a new ladder suddenly fails or a bolt breaks despite no unusual pressure, it could be a defect in how it was manufactured.
The elements of proving a manufacturing defect include the following:
- The product contained a defect when it left the defendant�s plant or its possession and entered the stream of commerce.
- The product was used in the manner intended or, if misused, the manner of use was reasonably foreseeable to the manufacturer.
- The plaintiff suffered an injury.
- And the defect was a substantial factor in causing the plaintiff�s injury and damages.
A plaintiff in a manufacturing defect case may be able to use the doctrine of strict liability for any injuries resulting from use of the defective product. If you can show that the product’s defect was unreasonably dangerous, caused your injury and that it was not substantially modified from its original condition, then the manufacturer is liable for your damages without further proof from you. It is the condition of the product and not the conduct of the manufacturer that is at issue.
A product is considered “unreasonably dangerous” if the defect is not what was normally expected by the consumer if used in its intended manner and has a tendency to cause harm beyond what a reasonable consumer would expect having ordinary knowledge of the product’s features.
A product that might have an unreasonably dangerous defect could be rendered safe, however, if there are warnings that are thorough and conspicuous and warns the user of severity of the risk if not used as the manufacturer intended.
The parties who may be held responsible in a manufacturing defect case may include:
- The manufacturer
- The assembling company
- A wholesaler of the product
- A retailer that sold the product
Since the product may have been damaged while being stored or handled by parties before it was offered or sold to the public, these parties may be held responsible. If the elements of strict liability is proved, then the plaintiff need not offer any proof as to which party was responsible.
Damages in a Manufacturing Defect Case
If you or a loved one was injured in product liability case involving a manufacturing defect, you may have suffered devastating injuries including head injuries, broken limbs, burns, disfigurement, amputation or spinal injuries.
Your damages could include the following:
- Medical expenses, past and future
- Lost wages
- Lost capacity to earn
- Loss of enjoyment of life
- Emotional or psychological damages
- Pain and suffering
Contact The Law Offices of Alex G. Tovarian
Manufacturing defect cases involve complicated issues of product liability law and proof of damages. Most companies that are parties in these cases have enormous resources and the ability to exhaust many injured victims. At The Law Offices of Alex G. Tovarian, you will find lawyers who are sensitive to the needs and concerns of injured plaintiffs and who possess the resources, knowledge and experience to overcome any legal obstacle to getting you the compensation you deserve.
Call us today for a free, confidential consultation and for a case evaluation.