When you buy a product made by a corporation, you anticipate it to function in a particular way. The directions on the product label and the ads for the product are typically the foundation for this assumption. When a product does not perform as the instructions direct it to and results in a fatality, a wrongful death case may begin with the help of a wrongful death attorney.
A wrongful death lawsuit in this case would be based on the theory of product liability. Understanding how the law works and when a situation like this might be brought under it is crucial.
Product Liability Lawsuit Types
According to California law, depending on the kind of product’s flaws, it is normally possible to launch three different forms of product liability claims. Take a peek at these now.
Manufacturing Defect
If a manufacturing error was a cause of death, you can file a lawsuit against the manufacturer. An example of that is car breaks. They might have not properly made and failed to bring a car to a full stop. Liability will be on the manufacturer if that happens.
A wrongful death lawsuit based on manufacturing defects must demonstrate that the defect directly caused the incident or injury that resulted in the fatality. It must be proven that no other factors contributed or that the other contributing factors were not as significant as the defect itself.
Design Defect
To file a lawsuit for design defect you need to provide evidence that the product is defective. To file a wrongful death lawsuit the accident has to result in death. Liability will be on the manufacturer if that happens.
You will need to demonstrate that the flaws were big enough for the person to be in danger.
Examples of Design Flaws Include:
- Airbags that aren’t working properly. The purpose of an airbag’s design is to protect a car’s occupants in the case of a collision. An airbag has a clear design flaw if it hurts the passengers instead of protecting them.
- Defects in Weapon Design. Handguns often have safety features. A design flaw in a pistol can result in injuries and deaths if it fires on its own. Such weapon flaws, which have traditionally existed in the creations of top arms producers, may give rise to product liability claims.
Problems with Label Warnings
California law requires businesses to make any potentially hazardous components of a consumer product explicit. A product liability lawsuit can be filed if a company fails to clearly warn consumers about any harmful components.
Product Liability Lawsuit Punitive Damages
If a manufacturer or business may be liable for punitive damages. That is if it is aware of the dangerous flaws in a product and continues to sell it. These damages are in addition to any personal injury or wrongful death damages sought for the harm caused by the product. It is best to consult with an experienced wrongful death attorney. They can help determine whether punitive damages are appropriate in your product liability lawsuit.
Choosing a Reliable Los Angeles Wrongful Death Lawyer
A wrongful death lawsuit stemming from product liability issues can be legally complex. If you have lost a loved one as a result of a defective product, do not wait to contact us. You should contact a qualified lawyer as soon as possible.
At Kaass Law, we assist you in gathering the necessary evidence to support your product liability claims. We also work with you to ensure that the responsible company pays the full extent of your tragic loss. Contact our office for assistance at 310.943.1171 or visit our website for other practices.