Failure to Warn of Dangerous Products

Just think of the myriad of products that you use every day that have the potential, if improperly designed or manufactured, to cause serious bodily harm. The tools and electrical appliances we use, the cars that we drive, and the food that we eat all have the potential to create serious injury.

Even though a product, if used properly, may be safe, manufacturers and their marketers have a duty to warn consumers of any dangers associated with improper use of the product and any safety precautions that should be taken.

Product liability cases generally fall into the following three categories:

1. The first category involves products that are defectively designed.
2. The second type of product liability claim arises from the defective manufacture of products. These are products that, through some flaw in the manufacturing process, are defective and thereby create injury.
3. The third category involves cases where the manufacturer had a duty to warn the consumer of a known hazard or necessary precaution, but failed to do so.

In most product liability cases the manufacturer and other parties in the chain of distribution may be held responsible for the injuries suffered, including medical expenses, lost wages, permanent disability or disfigurement, pain, suffering, and emotional distress. If it can be established that the company knew of the defect in the product and had an ample opportunity to correct it but failed to do so, then the company may additionally be held responsible for punitive damages. These are damages that are designed to deter the company and others from knowingly making or selling products that are unreasonably dangerous to the consuming public.

Product liability claims are generally not easy to settle for a very simple reason. In most cases the company has its reputation at stake. The company will be concerned about establishing a pattern of paying damages for injuries that are caused by their products. For this reason you will find that companies take these claims seriously, investigate the cases thoroughly, and generally will not enter into a monetary settlement unless it has been demonstrated that the claim is valid, that the evidence has been properly preserved, and the case thoroughly prepared.

In any case involving a defective or dangerous product, we urge you to have the case reviewed and investigated just as soon as possible by an attorney who is familiar with this area of the law.

Calton & Burns, Attorneys at Law, have over 25 years experience in personal injury matters. Our experienced team of lawyers will investigate the facts, evaluate your claim, determine which parties and insurance companies are responsible, and handle all of the details of preparing and presenting your case.

We act both as advocates and negotiators on behalf of our clients. We handle personal injury claims on a daily basis, ranging from simple whiplash injuries to catastrophic injury and death claims. We handle claims from the start to the finish, including a professional evaluation of the claim, meeting the legal deadlines, all dealings with insurance adjusters and other lawyers, and taking care of a lot of the details that accompany any injury claim.

Calton & Burns, Attorneys at Law, have been representing injured
individuals for over 25 years. Our team of dedicated lawyers represents
those who have suffered serious injury, financial loss, personal loss
and future damages due to negligence and wrongful acts of others,
including motor vehicle accidents, motorcycle accidents, bicycle
accidents, aviation accidents, construction accidents, slip and fall
accidents and defective products.

If you have been injured by a dangerous or defective product, we will be glad to discuss your case with you at no charge and with no obligation.

Why not give us a call!
(949) 495-3350

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