Products Liability


Products Liability


Products liability involves a seller, manufacturer or distributor being held responsible for putting consumers at risk by placing a defective product in their hands. Jorge P. Gutierrez Jr., Board Certified Civil Trial Lawyer, is a products liability attorney who can provide legal representation, to ensure that you are awarded any compensation you are entitled to.In the U.S. there are regulations that guide the manufacture of products, and, as a society, we tend to be confident that the products we are using on a daily basis are perfectly safe to use. We have a right to expect that products are free from harmful defect. Many tens of thousands of people suffer harm and have a valid case of products liability against a manufacturer, distributor or seller each year, and The GutierrezFirm is needed to right a wrong.

Types of products liability cases

There has been a lot of publicity in recent years about defective airbags in a wide range of vehicles. Anyone injured by one of those defective airbags has a legitimate products liability claim. The types of defective products that have led to products liability claims against manufacturers and sellers include the following:

  • Automobile parts
  • Household products
  • Medical devices
  • Pharmaceuticals
  • Small appliances
  • Pool equipment
  • Football helmets and other sports equipment
  • Landscaping equipment
  • Construction tools and equipment
  • Children’s furniture
  • Airplanes
  • Playground equipment

Key elements in a defective product claim

There are certain elements involved in a product liability case which make it a valid claim. If you are making a claim against a manufacturer, for instance, the following elements must be proved:

  • The product in question was produced and sold to you by the manufacturer.
  • At the time the product was sold to you, it had a defect.
  • The manner in which you used the product was one that could be reasonably anticipated.
  • You suffered injuries as a direct result of the product defect.
  • You suffered damages as a result of the defective product.

Types of legitimate products liability claims

Proving a products liability case is often complex because there are several types of products liability theories that can be used to prove negligence. The following are a few examples of circumstances in which a person is injured and has a valid products liability claim:

  • The product has defective design.
  • The safety of the product was misrepresented.
  • There has been a breach of the implied warranty of the safety of using a product for a particular purpose.
  • Strict liability.
  • The defective product was produced negligently.
  • There has been a breach of the implied warranty of the merchantability of the product.

Types of defense to products liability claims

Call The Gutierrez Firm, if you have a products liability claim. Attorney Jorge P. Gutierrez Jr. will protect your rights and pursue your claim and through his experience help to protect you from the most common defenses to products liability claims, such as the following:

  • You accepted the risks upon purchase of the product.
  • Your injuries were either pre-existing or happened during an intervening event.
  • Either you or the vendor caused the damage with inappropriate storage of the product.
  • You misused the product.
  • The manufacturer is not the party responsible for the defect.
  • The product was delivered during transport by a delivery service.

Have you been injured by a defective product? If you need legal representation in a products liability claim, contact The Gutierrez Firm today.

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