Injured by a Defective Product – What Can I Do?
Product liability law is the legal rules that regard who is responsible for defective or dangerous products and will determine whether or not you will be able to recover damages. Under these laws, a manufacturer or seller will be held liable for placing a defective product into the hands of buyers, because manufacturers are held responsible for the products they place on shelves. (1) Determining Fault Determining the responsible party or parties is one of the most important things to be done in a product liability case. Was the product unreasonably dangerous and as a result, caused you injury? Were you using the product in a way that it was intended to be used and still became injured? If so, then you may be able to bring a lawsuit under something known as strict liability. Some of the parties who may be responsible for product liability include the product manufacturer, a manufacturer of parts, the party that installs the product, the wholesaler, and the retail store who sold the product to the consumer. However, you should know that you couldn’t claim strict liability in a case where you knew about the defect prior. This is why you should always take a good look at the product that you’re using before you even use it. If it appears as if the condition is not good or that you described the condition before use as something faulty, then you may be giving up your rights for claiming damages. (2) Product liability cases can be complex because establishing legal fault is not always as easy as it seems. Because of this, you may need the assistance of experts. This is why you should talk to an attorney today who knows how to handle your claim from start to finish. Call us today at RAWA Law Group so we can help you bring a product liability action. Contact Rawa Law Group APC for more information at the following number 844-444-1400 or visit us at the following website https://www.zrawa.com, to setup a time to discuss your case. We can help you. Resources (1) https://injury.findlaw.com/product-liability/what-is-product-liability.html (2) https://injury.findlaw.com/product-liability/proving-fault-in-a-product-liability-case.html
What Should I Know About Unsafe Child Toys and Baby Gear?
Over the years, you may have heard of toys being recalled due to manufacturing defects as well as many other reasons. Around the holidays, it is important to understand that there are very real dangers with an assortment of toys and gear so you can protect your children from any product liability harms. Unfortunately, many recalls do not come to light until a child has already been injured or, in the worst cases, killed. Under the age of five, over 70,000 children have suffered injuries from specific products according to the Consumer Product Safety Commission. Concerns for Infants, Toddlers, and Preschoolers One of the first things that you might think about in regards to small children is the hazard of a product that is too small. Obviously, small products carry the very real hazard of becoming swallowed and lodged in the windpipe (wrongful death), which is why you should avoid toys like marbles for small children. (1) However, you may also be surprised to find that bathtubs are high on the list of hazards as well. Children should never be left alone in bathtubs or slings and should stay visible to parents to reduce the likelihood of a drowning event. Why Are Children’s Toys So Hard To Open? So why are children’s toys hard to open? That is for the protection of the child. If some toys are easy to open, they could be consumed by an infant, and possibly choke on the object. We would not want that to happen. This is the reason that manufacturers make it difficult for an infant, small child and even sometimes an adult has a hard time to open the package. Another question is how to choose baby gear? One thing you must be sure of is that the gear is safe for the child. So many times today manufacturers do their best to ensure that the baby gear is safe only to find out later that they missed something and a child is injured or death has occurred. So parents must be diligent to making sure that the baby gear has been thoroughly tested before purchase for your child. Stroller Safety You should always attempt to purchase a stroller that has brakes or easy locks for its two wheels. This is due to the fact that it is more difficult for the stroller to get away from you. Another real hazard will difare finger pinches, which can occur when the infant or toddler is too close to the stroller when it is open or closed. A child should also always be buckled into the stroller so that they do not fall out. Some other hazards have been found in play yards due to faulty side rails and baby monitors when the cord becomes wrapped around the baby’s neck and causes strangulation. Because there are so many risks with so many products, it is important to read up on specific products before you buy them as well as look into any recalls. (2) Call Rawa Law Group APC San Diego Ca., today if you have any questions about a case. (1) https://kidshealth.org/en/parents/safe-toys.html# (2) https://www.hg.org/article.asp?id=40981