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McCrary Personal Injury Attorney
Defective product Injury Lawyers, Attorneys in Rocklin, CA
“Every year numerous people are injured by defective products. When a consumer or user is injured by a defective product, any party in the chain of distribution may be held liable. This means that the manufacturer, assembler, wholesaler or retailer could all be held accountable for your injuries.
Personal Injury Lawyers, Attorneys in Rocklin, CA
Something unique about product defect law is that everyone in the chain of distribution is strictly liable for injuries caused by the product. Strict liability imposes responsibility for damages or injuries even if they did not act with fault or negligence or have any knowledge of the defect.
There are three main types of product defect claims: Manufacturing Defects, Defects, and Failure to Warn.
To establish a manufacturing defect claim, you must prove (1) that the defendant manufactured, distributed, or sold the product, (2) that the product contained a manufacturing defect when it left defendant’s possession, (3) that you were harmed; and (4) that the product’s defect was a substantial factor in causing your harm.
A product contains a manufacturing defect if the product differs from the manufacturer’s design or speciﬁcations or from other typical units of the same product line.
There are two ways to prove a design the defect case.
Consumer Expectation Test
To prove that a product’s design was defective because the product did not perform as safely as an ordinary consumer would have expected it to perform you must show (1) That defendant manufactured, distributed, or sold the product, (2) That the product did not perform as safely as an ordinary consumer would have expected it to perform when used, or misused in an intended or reasonably foreseeable way, (3) That you were harmed; and (4) That the product’s failure to perform safely was a substantial factor in causing your harm.
Risk Benefit Test
To establish a design defect claim under the risk/benefit test you must prove (1) That defendant manufactured, distributed, sold the product; (2) That you were harmed; and (3) That the product’s design was a substantial factor in causing your harm.
If you prove all three factors then a jury must decide in your favor unless defendant proves that the beneﬁts of the product’s design outweigh the risks of the design. In deciding whether the beneﬁts outweigh the risks, a jury considers: (a) The gravity of the potential harm resulting from the use of the product; (b) The likelihood that this harm would occur; (c) The feasibility of an alternative safer design at the time of manufacture; (d) The cost of an alternative design; and (e) The disadvantages of an alternative design.
Failure to Warn
To establish a claim that the product lacked sufficient instructions or warning of the potential risks you must prove: (1) That defendant manufactured, distributed, or sold the product, (2) That the product had potential risks, side effects, allergic reactions that were known, or knowable, in light of the scientiﬁc and medical knowledge that was generally accepted in the scientiﬁc community at the time of manufacture/distribution/sale, (3) That the potential risks, side effects, allergic reactions presented a substantial danger when the product is used or misused in an intended or reasonably foreseeable way; (4) That ordinary consumers would not have recognized the potential risks, side effects, allergic reactions; (5) That defendant failed to adequately warn or instruct of the potential risks, side effects, allergic reactions, (6) That you were harmed; and (7) That the lack of sufficient instructions or warnings was a substantial factor in causing plaintiff’s harm.
Product defect litigation can be very complex. It is very important that you contact an attorney with extensive experience in this specific type of personal injury litigation.”
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Choosing the best personal injury attorney is extremely important. Being an accident victim can be painful and overwhelming. Not even your own insurance company is on your side. McCrary Law Firm, PC will handle your insurance claim, and ensure you get back on your feet and back on the road in no time.
Our firm never charges any upfront fees. We handle personal injury cases on a contingency fee basis, which means, you don’t pay a thing unless we win or settle your case.
Insurance companies fear our office because we prepare every accident claim as if it were going to trial. This ensures the maximum compensation possible.
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McCrary Law Firm norcal attorney
Dan McCrary represent clients in the counties of Placer, Sacramento, the Central Valley, Bay Area & the Coast for auto accident cases, as well as Personal Injury Law | Motor Vehicle Accidents Law | Premises Liability Law | Construction Accident Law | Defective Product Liability Law | Traumatic Brain Injury Law | Wrongful Death Law. At NorcalAttorney.com our offices are located in Norcal and surrounding. We serve clients throughout the City of Rocklin, and the surrounding areas including:
San Mateo County, Contra Costa County, Solano County, Napa County, Stanislaus County, Yuba County, Colusa County,