Wednesday, 18 March 2015

Lawyers like Alex Benedict, Esq. Fight against Defective Products

Should you be injured or suffer any damages due to a defective product, you can file a case against the manufacturers since, under product liability, they are responsible for producing or selling a defective product. While product liability lawsuits are among the most difficult personal injury claims to prove and win, you can be assured that your case is in good hands with reliable lawyers like Alex Benedict, Attorney at Law.

Elements of a Product Liability Claim

To prove that you have indeed been injured or had sustained serious damages due to a defective product, you must first establish the elements, which vary in every state. In California, a product liability claim is deemed valid if:

- The product was unreasonably hazardous,
- The claimant had sustained an injury or damage, and
- The defective product was the cause of his injury.

Like most states, however, California follows the strict liability rule, or the legal responsibility of a person (in this case, the manufacturers) for damages and injury, though the person found liable for the incident was negligent or simply not at fault. In other words, a claimant needs only to prove that the injury was caused by the defective product to establish a product liability claim. This is where a trusted attorney like Alex Benedict, Esq. comes in: it’s advisable to seek help from personal injury lawyers like him to prove and validate your claim.

Compensation for Product Liability Claims

Should you be able to prove your claim, you are entitled to compensatory damages for your injuries. Compensatory damages are usually divided into two: economic and non-economic losses, and it’s usually a sum of money deemed to be equivalent to the value of a person’s injury.

Economic losses, or monetary losses, are money and property lost or missed out on due to the injury and includes medical expenses, cost of disability, and loss of profits or wages. Non-economic losses, or general damages, meanwhile, are compensations to damages which are difficult to qualify, such as pain and suffering or loss of consortium.

Keep in mind, however, that under the statute of limitations laid out by the state, product liability claims are to be filed not later than a year after the injury. With that in mind, it will be best to seek help immediately from a personal injury lawyer.

No comments:

Post a Comment