In the U.S. there are high standards for the manufacturing process that help prevent products from causing personal injury. But lawyers at Sette law in Stockton know that this area of product liability is quite complicated. Although laws governing product liability may vary from state to state, our Stockton personal injury attorneys say that consumers are well protected. Should a product defect cause a personal injury, attorneys have several avenues to pursue on behalf of clients in Stockton.
Injury lawyers observe that most any participant in the entire manufacturing process may be held liable for a product defect that leads to personal injury. Attorneys may identify the source of a product defect, from its engineering and manufacture to the marketing and distribution, as directly causing a personal injury. And, lawyers say that it’s not just tangible goods that can lead to a Stockton injury. Attorneys say that products such as real estate, gas and even written material can be identified as the cause of a personal injury.
Attorneys and the courts often refer to a federal act designed by the U.S. Dept. of Commerce that offers voluntary guidelines for product liability. Because adherence to the Uniform Products Liability Act is ‘voluntary,’ our Stockton liability lawyers must consider state regulations and laws in individual cases of personal injury.
Attorneys explain that although laws governing product liability are complicated, the underlying principle is simple: If an individual was using a product as intended at the time he or she was injured and the product specifically caused the harm, the manufacturer can be held liable for the personal injury. But there is a caveat – Stockton personal injury lawyers explain that the consumer also has a responsibility. He or she must read instructions and manufacturer’s warnings. Thus, responsibility is shared in the goal of preventing personal injury, and attorneys will seek to establish both requirements are fulfilled in a case of defective product liability. Lawyers say this is known as Strict Liability.
Attorneys further say that Negligence can also be a factor in a Stockton personal injury claim. Lawyers will seek to establish if all products in a category are defective, or if an isolated batch was responsible for the injury. Lawyers may look at the manufacturing process, packaging or even delivery of a defective product. Further, Stockton injury attorneys will assess the accuracy of warnings and instructions included with the product. Scrutiny by injury lawyers may extend to the marketers of the defective product that caused the injury. Attorneys will analyze the veracity of claims made in marketing materials – are those claims misleading or outright untrue? As you can see, at any step in the entire manufacturing process, personal injury lawyers can establish responsibility or negligence.
When in a court of law, Stockton personal injury attorneys can also solicit the support of expert witnesses to testify about specific aspects of a product in a liability and injury action. Attorneys practicing in this demanding realm of product liability must be able to grasp both detailed processes as well as general concepts on behalf of their Stockton personal injury clients.