Over time, negligence concepts have arisen to deal with certain specific situations, including negligence per se (using a manufacturer’s violation of a law or regulation in place of proof of a duty and a breach) and res ipsa loquitur (an inference of negligence under certain conditions).
A products liability claim is usually based on one or more of the following causes of action:
- Design defect
- Manufacturing defect
- A failure to warn
The claims may succeed even when products were used incorrectly by the consumer, as long as the incorrect use was foreseeable by the manufacturer (or other party in the “supply chain”).
A basic negligence claim consists of proof of:
- A duty owed
- A breach of that duty
- An injury, and
- That the breach caused the plaintiff’s injury
Products Liability and Strict Liability
Products liability claims are, in general, not based on negligence, but rather on a liability theory called “strict liability.”
Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.
Product Liability and Breach of Warranty
Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction. Unlike negligence claims, which focus on the manufacturer’s conduct, or strict liability claims, which focus on the condition of the product, warranty claims focus on how these issues relate to a commercial transaction. Warranty claims commonly require privity between the injured party and the manufacturer or seller. Breach of warranty based product liability claims usually focus on one of three types: (1) breach of an express warranty, (2) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose.
Injured In An Accident Involving Car Defects?
When you buy a car, you expect it to be reasonably safe — and rightly so. Driving is dangerous enough without the added risk of defective auto parts. While federal law requires auto manufacturers to comply with rigorous safety requirements, inexcusable mistakes still happen, resulting in thousands of accidents, injuries and deaths every year.
At Doyle Law in Los Angeles, California, we help everyday people across the country whose lives have been turned upside-down by preventable accidents. We understand the turmoil you are facing. A multitude of unanswered questions may leave you feeling frustrated and hopeless. We’re here to help you get answers.
Applying decades of award-winning experience, our attorneys will work tirelessly to get to the bottom of what happened.
Uncovering What Went Wrong
The underlying causes of a car accident are not always obvious. An investigation may reveal evidence of safety defects involving components such as:
- Air bags
- Seat belts
- Steering components
Car defects can happen because of errors in the manufacturing process, ill-thought-out design elements, inadequate safety measures or other oversights. Unfortunately, by the time a recall notice rolls out — if at all — it may be too late.
We work with top-tier experts from across the country to hold manufacturers accountable. Our lawyers are not afraid to take on complex product liability cases. We understand the stakes involved, not only in terms of your financial damages, but also in terms of closure and justice.
Industrial Accidents Involving Defective Equipment
Industrial jobs have leading rates of injuries and deaths, in part due to the dangers of working with powerful equipment on a daily basis. Industrial equipment becomes even more deadly when defects go overlooked. The strictest of safety protocols do little good when the machinery itself is defective.
In the aftermath of an industrial accident, it can be confusing to get to the bottom of what happened. You might not know whether equipment defects were a factor. If they were, however, you may have a product liability claim against the manufacturer. This claim could bring you significant financial recovery above and beyond workers’ compensation benefits
Find Out Whether You Have A Claim — It Won’t Cost You Anything
If you suspect that defective equipment contributed to your accident (or that of a loved one), don’t wait to take action. Strict deadlines may cost you your rights if you wait too long.
At Doyle Law, we can evaluate your situation during a free consultation. We know what to look for in these often challenging cases. Led by award-winning trial attorney Conal Doyle, our nationally recognized legal team has won millions of dollars in record-breaking results for injury victims and their loved ones.
Get The Financial Recovery You Deserve
Based in Los Angeles, California, we handle cases across the country involving defective machinery and equipment such as:
- Power tools
- Machine tools
In any piece of equipment, defects can take many forms. Maybe a freak mistake in the manufacturing process caused a ticking time-bomb just waiting to spring on an unsuspecting worker. Maybe the product designer neglected to provide much-needed safeguards. Or perhaps the manufacturer didn’t include warnings that could have prevented the accident.