Defective products can cause injuries to all people. Under normal circumstances people don’t utilize products and expect them not to work properly or even break. However, if products do become defective it can be quite shocking to the consumer of that product. Fortunately, products liability law can protect consumers from accidents that occur as a result of defective and dangerous products. If you or a loved one has been injured by a product, contact a Modesto Injury Lawyer at the Law Office of Ben Roberts to acquire the legal help you deserve. Many aspects of consumer product safety is regulated by the federal government, however most of the litigation is covered by state law. Details of products liability law can differ from state to state, yet at the same time the states do have many overarching principles in common.

Defects in Design, Manufacturing and Marketing-Modesto, CA Injury Lawyer

There are many different ways a design can be defective. The basic premise is that a manufacturer/producer breaches their duty of care when their product has a foreseeable risk and someone is injured as a result of the defect. The manufacturers are supposed to choose safer options at designing the product in order to avoid predictable risk. Imagine a hammer with a weak handle that breaks easy or a playground slide with clamps sticking out inward toward the children.

A manufacturing defect is a product defect that happens while manufacturing the product and therefore is not related to the design. For instance, even if the design of a product is flawless, bad manufacturing can loosen correct safety measures. Poor manufacturing happens when there is a lack of quality control or when there is incorrect material.

A marketing defect is a product defect that fails to give adequate warning or fails to instruct the consumer on the appropriate use of the product. A safe product that consumers know how to operate can become a potentially dangerous piece without proper warnings. It is the manufactures’ responsibility to warn product consumers on possible hidden aspects of non-dangerous looking products.

When a Product is Unreasonably Dangerous-Personal Injury Modesto Lawyers

Many products such as knives are obviously dangerous, but that does not make them unreasonably dangerous, since their danger is obvious. A product is unreasonably dangerous when a reasonable person would be unable see the danger exists, and its risks are outweighed by its benefits.

When You Have Been Injured-Modesto Attorney Product Defect

If you or a loved one has been the victim of an accident caused by a defective or unreasonably dangerous product, contact an injury lawyer in Modesto at the Law Office of Ben Roberts. Our attorneys can help you get money damages for your injuries. It is really important that you keep the product that caused your injuries as you will need it to prove what kind of defect caused the accident. Our law office is equipped with experienced and professional staff that will counsel you on your legal options. Schedule a free and confidential consultation with our Modesto products liability attorneys to discuss your case.

Overview of Products Liability-Injury Attorneys Modesto, CA

The law protects consumers from defective products and helps them get compensation when a dangerous product causes an accident. When a product causes an injury, the manufacturer, wholesaler, or seller all may be legally responsible assuming the consumer used the product in a reasonable way. Think of a tire that blows out under normal conditions or an iron that causes a fire when used reasonably.

What to Do when You Have Been Injured-Product Liability Lawyers Modesto, CA

If you are ever injured by a product, you should immediately see a doctor and follow their professional advice. Otherwise, defense attorneys will argue that you caused at least some portion of your injury by not following the doctor's advice. Also, make sure you keep the defective product. This evidence needs to be preserved to prove what went wrong with the product. Talk to an attorney before you hand over the product to anyone, especially your insurance company. If the defective product was a car or other motor vehicle, then make sure you tell the tow truck driver, mechanic, or whoever touches the vehicle, not to alter the defect. Make sure you keep any and all instructions that came with the product.

Meeting with an Attorney-Modesto Product Liability Attorneys California

When you come to the Law Office of Ben Roberts, the attorney will want to know exactly how the accident happened, where you purchased the product, what your damages are and whether you altered the product in any way. It is important to be honest and let your attorney know everything. Remember, surprises are usually a bad thing for Plaintiffs. Anything you tell your attorney is protected by confidentiality rules.

Expert Witnesses

Expert witnesses are commonly used in personal injury cases. They examine the evidence and conclude as to whether the product was defective or not. If the case goes to jury trial then they can testify on whether the product was dangerous or not. Experts are not required to have a special degree or any education whatsoever, although it usually helps. Often times they can make or break the case, so it's important to retain a good one, especially if the case is really complex.

Negotiations and Trial

At the Law Office of Ben Roberts, we thoroughly prepare each case as if it is going to trial. The better prepared you are for trial, the better the settlement will be. The overwhelming majority of cases settle without a jury trial. However, if the defense does not extend a reasonable offer, then we do not hesitate to take the case to trial in front of 12 jurors.

State Laws

Both federal law and state law may play an important role in your case. State laws vary across the country so it is important to hire an attorney that knows the law. Contact the Modesto Injury Lawyers at Law Office of Ben Roberts for a free consultation today.