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Products Liability

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Vehicle Accident

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Products Liability

Products liability is the legal responsibility of a manufacturer, distributor or seller for injuries sustained as a result of defective products. Products liability encompasses injuries as a result of fire, explosion, mechanical failures, food poisoning and more.

Products distributed to the public are required to be safe. However, all too often, they are not. A coffee maker may have insufficient electrical safeguards or substandard wiring resulting in a fire. A generator may have faulty fuel lines resulting in an explosion. A child’s high chair may be built without adequate testing resulting in collapse under the weight of your child. Food processing plants may accidentally ship out large quantities of tainted food resulting in mass incidents of food poisoning.

In any of these cases the manufacturer, distributor or retailer may be liable depending on the situation. It takes a well informed attorney with expert investigators to determine who is truly at fault.

To understand how one or more of the manufacturers, distributors or retailers may be responsible for injuries, let’s take a look at each of the examples above.

Electrical Fires

The Coffee Maker that Causes a Fire. In this situation, the cause of the fire being substandard wiring would likely fall on the manufacturer. However, it is also possible that the distributor or retailer was aware that a problem had been reported in a number of the units, yet continued to sell the coffee makers to the public. Under those circumstances, everyone who was aware that a potentially life threatening fire hazard existed would be jointly liable for any injuries sustained as a result of the faulty product.

This is the reason for “recalls” of products which are widely publicized in the media. When a product is believed to be dangerous every stage of the distribution process owes a duty of care to the end user to stop selling the product, pull the item from the shelves and issue a mass recall of the units already sold.

Self-assembly Accidents

The Exploding Generator. Some products are shipped to retailers unassembled. If the distributor or retailer is responsible for the proper assembly of the product before it is transferred to the consumer, yet fails to assemble it properly, perhaps by improperly attaching a fuel line which then leaks fuel and results in an explosion, the manufacturer would not be liable for the consumer’s injuries, but the retailer who assembled the product would.

Children’s Products

The Collapsing High Chair. Products intended for use by infants and children must be strenuously tested before they are shipped to stores for sale to new parents. If that testing process is shortened, circumvented or ignored, the product may be unsafe. An end user may trust the product and the safety of their fragile young child in the product. Additionally, many of these products are intended to be assembled by the consumer. If the instructions on assembly are inadequate or confusing, the parent may inadvertently assemble the product incorrectly. In such a case, the manufacturer would likely be the one held liable for the injuries to a child.

Children are particularly susceptible to injury because of their unawareness of the dangers around them. During an incident they do not have the experience to catch themselves as they begin to fall and they may be severely injured, or even killed.

Food Poisoning

Food Poisoning. The federal government (U.S. Department of Agriculture) creates the regulations for food handling and processing and monitors companies that distribute food products. Spot checks are performed by the USDA but sometimes a food processor or distributor fails to meet the standards laid down by our government. Spoiled or tainted food products can reach the public resulting in mass food poisoning, hospitalization and even death.

Many food products are required to be kept refrigerated throughout their life. Failure by a distributor to maintain correct environmental controls over the product during shipping may cause the food to spoil. In that case, it would be the distributor who would be held liable for the illnesses.

On the other hand, many food products such as fruits and vegetables are exposed to various toxic substances (pesticides, cleaning solvents, etc.) as they are grown and stored for distribution. In such a case, the liability for illnesses might fall upon the farm where the products were grown.

Retailer Responsibility

Lastly, retailers are responsible for monitoring the shelf life of foods. Many grocery stores will extend the shelf life of meat, which is a high dollar item, by “marinating” it in bbq sauce or other marinades. Often, the reason for “marinating” is that the meat has changed color and no longer looks palatable. While the meat may still be edible at that time, it makes it much more difficult for the consumer (and the retailer) to identify potentially tainted products. If the item is not pulled from the shelf in time, it may be sold and the customer may become dreadfully ill.

Remember to be cautious when purchasing products which have a limited shelf life, check the dates on the labels and if you note a product on the shelf that has passed its “sell by” date, notify the store manager immediately. Your action may save a life, including your own, and it is unlikely that a store manager will take your concern as anything but helpful. After all, no grocery store wants the reputation of having sold tainted meat to its customers.

What can you do?

As you can see there are many different types of product liability and many different people who may be the cause of the problem. In each situation, investigation is the key to establishing liability and recovering for your injuries or illness. Choosing a law firm with the best investigative experts is the first step in ensuring you receive the maximum recovery and help to prevent anyone else from suffering the same fate as you.

Call us today at (888) 778-8888 for a free consultation or Contact Us online.

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Honestly can't say enough positive things about Lalezary Law Firm! I got into a severe car accident at the end of 2016 and they've been with me every step of the way ever since. Almost 4 years! I want to thank everyone there especially Caitlyn, Shawn, and Yasmeen. They have been responsive, helpful, and reassuring and I don't know what I would've done if I didn't have the legal support that I was able to get along the years. They are super professional and really helped me get through this hardship in my life. I would definitely recommend!!!

Ivonne K.

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Last year I contacted your law firm when I got into a car accident. the gentleman that handled my case, his name was Cesar. Cesar was very helpful and compassionate about my situation. He helped me get my car fixed very quickly and was super patient with me. He answered all of my questions and ensured me that everything will be taken care of. Once my case was settled I ended up getting more than I was expecting, which was amazing. I highly recommended Cesar and this law firm to anyone that needs help.

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I was a client to Lalezary firm for about a year, the staff is really nice and professional. I would get updates on the case status and when I did call I would usually get a call back within 24 hours. I really appreciate the work that was done for me. I got the most out of my settlement and when I called to have a break down of the costs, Genesis was very patient and gave me a break down on all of it. I will definitely recommend this law firm to friends and family, as well as call them in the future if needed (hopefully not soon).

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I had gotten into an accident and had no idea what to do. Friends and family recommended I get a lawyer since I was not at fault. I found this firm and I was beyond impressed. They handled everything for me from car insurance questions to finding doctors for me to visit. After my accident all I had to do was make appointments with various doctors to help with my pain. I give five stars because this firm went above and beyond and continued to follow up with me. I highly recommend if you are in need of a lawyer to use them.

Jacqueline D.

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The team at Lalezary we’re amazing! I am not the kind of person to seek legal counsel, but I was hit by a car while riding a motorcycle and the driver’s insurance was avoiding my attempts to get reimbursed. They were able to not only get a settlement that replaced my motorcycle, but they found me physical therapy which was close to my work. Now I am back to where I was physically before the accident and I am able to ride a motorcycle again. They were always responsive to my texts, calls, and emails. They even would systematically check to see how I was healing and if the support they linked me to was satisfactory.

Charles Mortensen

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This law firm is a team of miracle workers! Lalezary Law Firm saved me from suffering at another law firm from Century City. My case manager Jonathan was able to gather all the details from my accident ( literally within a week! ) and keeping me updated consistenty to keep me at ease. They work diligently and keep at it until your case is completed. I went through a car accident that almost took my life away but thanks to the higher power and Lalezary Law Firm, you won't even hesitate to choose them because I felt trust and integrity throughout my case and I feel happier in my life, which in my opinion, matters the most at the end of the day.

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