Tuesday, August 9, 2011

Strict Liability in Defective Products

Product recalls are often initiated by manufacturers when a defect is found on the product which could result in potential harm and injury to the consumers. Manufacturers often remedy this situation by pulling out the defective from the market and try to repair or substitute the defective parts in it.

Take the case of the recent report on the impending recall of Ford Mustangs and Volkswagen Jettas, which were all under investigators for some defects. The investigation, which involved about 26,000 vehicles for Mustangs and 40,000 for Jettas, was conducted after consumers filed complaints against the two car models for possible defects in them.

Based on the complaints, 2011 and 2012 Ford Mustang models have problems shifting gears on cars with manual transmission while Jettas have possible leakages from its fuel line to the fuel injector.

When a defective product has caused injuries or harm to a consumer, the injured victim can file a product liability claim to recover his losses. Under strict liability, the manufacturers and sellers of a defective product can be held liable for the victim’s injuries, even without showing that the manufacturer or seller was actually negligent.

To be able to file a claim for damages, the victim must only show that the following conditions exist:

1. That the product had an unreasonably dangerous defect that injured the consumer and the defect was caused by the design, during manufacture or during handling and shipment
2. That the defect caused an injury while it was used in the way it was intended to be used
3. That the product was not changed or altered from the condition it was originally sold

To help you file a product liability claim for injuries incurred from using a defective product, consult with our experienced Los Angeles personal injury attorneys. Call us at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.