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Consumers have a reasonable expectation of safety from the products they purchase and, while most do not get injured, many consumers find themselves on the receiving end of an injury from defective products every year. Manufacturing defects happen when products are poorly constructed in such a way that deviates from the original design. When the design of the product was safe, but the construction of the product was faulty, then the circumstances exist for a manufacturing defect lawsuit. If these types of manufacturing errors cause harm to consumers, the manufacturer can be held liable for damages.
Product liability claims also play an essential role in maintaining that goods sold to consumers in the United States are generally safe for consumers everywhere.
There are three main types of manufacturing defect claims. These claims can be brought against the parties responsible for manufacturing the product for design defects, manufacturing defects, or warning defects. Each type of claim indicates at which stage of production the defect was introduced.
Design Defect – The design of the product or a lack of proper testing caused the injury.
Manufacturing Defect – The production of the product had faulty parts, or was made in a faulty manner, and went to market.
Warning Defect – The product did not provide adequate written warning for potential hazards associated with use of that item.
Many different products can fall under the category of manufacturing defect lawsuits. Goods that were purchased with a reasonable expectation of safety that then caused harm and injury, should be investigated for misrepresentation or faulty workmanship and the manufacturer should be held liable for the injury they caused.
Chances are pretty good that if you experienced an injury from a manufacturing defect, then there are possibly others out there suffering the same harm. If this is the case, the lawsuit could then turn into a class action lawsuit, filed alongside other victims of the same faulty production.
Often, manufacturers use third parties in production and may try to shift the blame onto them. An expert legal adviser can help counter these arguments.
In the state of California, product liability is held to the standard of strict liability. This means that the defendant, or in cases of manufacturing defect lawsuits, the manufacturer may be found liable, whether or not there was any direct negligence. Essentially, the strict liability doctrine mandates that manufacturers have an implied responsibility for the safety of their products and can be held liable for wrongdoing. Due to California’s strict liability standard, plaintiffs are not required to prove the manufacturer engaged in negligent practices. This alleviates the requirements and burdens on the plaintiff during the process of the lawsuit.
The state of California also has guidelines on compensation for victims of manufacturing defect injuries. In California, a victim’s pain and suffering damages are part of the broader category of “non-economic” damages. These damages include financial, mental, and emotional pain.
Your medical bills may exceed the limits on your policy. This is where an injury lawsuit can recover more money for you. You should not have to pay for the injuries and subsequent suffering caused by negligence or disregard in the production of goods.
We advocate for our clients to get you the best possible settlement. At Bridgewater Law Group, we know many of the strategies used by product manufacturers, and we know how to counter them. Let our attorneys advocate for your case. We know when a fair settlement is on the table and when there is more to be won. We will fight for the best treatment and compensation regarding your case for this disruption to your time and family.
Your win is our win, and we will not settle for anything else. We will work on a contingency basis, which means there is no cost to you. Give us a call today for a free consultation and in less than 30 minutes we will know if we can win together with you.
