The Consumer Protection Agency serves the United States as the watchdog for defective products introduced into the national economy. While some product manufacturers are diligent at responding to potential problems, such as food companies who manufacture perishable items, other manufacturers fight when a claim is made against one of their products. These are commonly isolated cases where the defective product resulted in someone’s death or serious injury. Particular manufacturers who may fall into this category are automobile part manufacturers and potentially toy or baby item manufacturers. Sometimes lawsuits are filed and sometimes they are not when the product is identified and reported by the Consumer Protection Agency as being a known problematic product. The question in isolated consumer protection lawsuits then becomes one of reasonable duty of care on the part of the manufacturer and their level of negligence involving any personal injury claims.
Identifying the Manufacturer and Dealer
Consumer protection lawsuits often do not just include the manufacturer as the respondent negligent party. Sometimes defective parts are components of other products, such as an automobile. Cases stemming from products not on the designated CPA list often must be investigated by a personal injury representative who can inspect the part in question and craft a claim regarding the product malfunction or deficiency. The fact that companies selling the products can be included as negligent parties as well can help in identifying all potential negligent actors who may be liable for financial damages.
The Importance of Strict Liability
The court system has set a precedent that product manufacturers become responsible for the safe use of their products at the time they are distributed to the marketplace. The manufacturers and sellers are liable for damages from the point of sale under the strict liability doctrine, which effectively means the plaintiff legal counsel is not required to prove negligence on the part of the manufacturers and sellers. The primary responsibility of the plaintiff legal counsel is connecting an injury suffered by the client to the negligent respondent’s product. When this can be accomplished based on a posted list of products and manufacturers designated beforehand by the CPA, the process of filing a claim can often proceed without the need of filing consumer protection lawsuits. In some instances, a deposition and medical documentation is all that is necessary for the plaintiff.
Anyone in California who may have a consumer protection lawsuit situation should contact the consumer protection attorneys at Counsel One of Beverly Hills for a full evaluation of their claim potential.