Personal injury due to manufacturer defect of products happens in the U.S. even though quality controls and rigorous manufacturing standards are governed by tough product laws. At Sette Law, our Sacramento personal injury attorneys know that product liability litigation requires keen understanding of complex laws governing product liability. In this blog we’ll cover a few of the major concepts involved in liability for products that cause personal injury.
Lawyers explain that any party in the manufacturing chain may be held liable for damages inflicted. Our Sacramento injury attorneys have identified product defects at key points such as manufacturing, assembly and at the point of sale. Interestingly, over the history of liability for products that cause personal injury, lawyers watched as law expanded to include non-tangible products like gas, real estate and written materials. Yet another interesting thing for consumers to know is that there is no federal law that governs products liability. Our Sacramento injury attorneys must refer to product liability statues enacted by individual states. However, The U.S. Department of Commerce has developed the “Model Uniform Products Liability Act” that states can voluntarily use and that our Sacramento injury attorneys may reference in personal injury claims.
Lawyers explain that behind a complex of laws is a simple principle: A product manufacturer may be liable for a personal injury if a person was using the specific product as intended when the personal injury occurred. Attorneys add that the user also is required to read and be aware of all manufacturer warnings regarding the product. These are responsibilities of consumers, according to Sacramento injury attorneys.
Further, there are two kinds of product liability claims lawyers work with – one involves Strict Liability and the other is manufacturer Negligence. In strict liability a personal injury lawyer will show that a product was defective and was present prior to the manufacturer offering the product on a marketplace or to a buyer in Sacramento. Product liability attorneys will also establish that the defect directly caused the injury.
Our attorneys can also look at other aspects to identify product defects that lead to personal injury. Sometimes a problem originates during the manufacture of products – in this case, according to Sacramento liability and injury attorneys – only a few products out of a batch may be defective and cause an injury. Lawyers say that when consumers use a given product for a purpose other than its intended purpose and an injury occurs, they will look first at the manufacturer’s instructions and warnings. If the description is not clear and concise, according to our Sacramento injury attorneys, the manufacturer could be held liable for the defective product injury.
Additionally, lawyers can look at Marketing Defects in a product liability claim. If marketing claims were untrue or misleading, this can be considered another source of a product defect in a personal injury case.
Our Sacramento liability attorneys may call on expert witnesses to support a personal injury client. Because the manufacturing process is often multi-faceted (including everything from engineering to production, design and distribution) expert witnesses can help support the personal injury claims of our Sacramento clients. Liability attorneys specialize while also having an understanding of the manufacturing chain and its many participants.
Attorneys at Sette Law are immersed in the complexities and nuances of Sacramento car accidents. Our lawyers know that people outside the legal profession are unaware of many details regarding accident law until they, or someone they love, experiences an accident and a resulting personal injury. Our attorneys say that having basic information about car accident law is useful for any driver in Sacramento.
Accident injury lawyers report that a 2012 CHP report documented 2,995 deaths in car accidents in California and 226,544 persons injured. Sacramento accident attorneys also point out that people involved in accidents not only suffer physical injuries but also can endure significant economic harm. And, personal injury lawyers say innocent victims as well as the driver who bears responsibility can face costly or painful repercussions as the result of a Sacramento accident.
Personal injury attorneys can help accident victims receive fair compensation for a variety of losses such as damage to vehicles, costs of medical treatment, legal representation and loss of income. Sacramento car accident lawyers also represent family members whose loved one has died in a car accident. In such wrongful death cases, lawyers can seek compensation for emotional damage, loss of support, love, companionship and financial support. In Sacramento wrongful death actions, attorneys will have to prove the defendant was negligent and that this negligence caused the accident. Injury lawyers know that the concept of Negligence is not always easy to establish.
This is also true in personal injury actions. Attorneys seek to show that a driver accused of causing the accident didn’t show “reasonable care” and that behavior led to the Sacramento car accident. Lawyers know that the concept of “reasonable care” is vague and often debated. The plaintiff’s injury attorney often faces strong argument from the defendant’s accident lawyer. If the debate ends in stalemate, the matter could end up in a jury trial.
And, that’s not the only challenge faced by the plaintiff in a Sacramento personal injury lawsuit. Attorneys also must show that injuries suffered were directly caused by the car accident. Lawyers for the defendant might argue that an injury was pre-existing, or that it only happened because the plaintiff didn’t seek immediate medical care after the Sacramento accident. Attorneys for the defense pull out all stops to show that injuries were unrelated to the car accident.
Personal injury attorneys who succeed in proving the direct relationship between the accident and injury and prevail in court, can collect damages from the defendant’s insurance carrier. Our Sacramento Personal injury lawyers know that California law requires that drivers have at least minimum liability insurance covering themselves and drivers of their vehicles. Our Sacramento car accident lawyers say this is a $15,000 injury/death policy and $5000 for property damage resulting from a car accident. Attorneys point out that this minimum coverage applies to both California and out-of-state drivers. Interestingly, personal injury lawyers add that the insurance requirement applies to drivers with invalid driver licenses and people with no license at all! Drivers who cannot provide proof of insurance will have their licenses suspended for 12 months if they are involved in a Sacramento car accident.
Attorneys say that insurance companies also have legal responsibilities to drivers they insure. Sacramento personal injury lawyers are aware of these legal requirements, but most consumers do not know that their insurance companies have specific obligations that protect consumers. Sorting through the details of insurance law requires experienced personal injury attorneys who help car accident victims whose insurance carriers may not be fulfilling their legal obligations.