Phone: 760-245-7310
Areas of Practice
A full service law firm with a variety of skills and expertise. The Ewaniszyk Law Firm can help protect your rights and ensure that your voice is heard. We will work hard to protect you.
Product Liability
Consumer product manufacturers, wholesalers, and retailers are under a heightened duty to protect consumers from unreasonably unsafe goods and products. In the event a product—including an appliance, prescription medication, food item, automobile, or any other type of good—injures a consumer, the parties in the “chain of commerce” could face liability for exposing consumers to the risk of harm.
In some cases, lawyers will consolidate product liability claims into either one case (known as a class action) or into one court to aid in judicial efficiency (known as multi-district litigation). No matter the scenario, Ewaniszyk Law Firm is here to help victims recover from injuries caused by unreasonably dangerous consumer goods.
What is a Product Liability case?
A product liability case is a legal claim brought by a person who has been injured or suffered damages as a result of a defective product. In a product liability case, the manufacturer, distributor, or seller of the product may be held responsible for the damages caused by the product.
To bring a product liability case, the plaintiff (the person bringing the claim) must show that the product was defective and that the defect caused their injuries or damages. There are several different types of defects that can give rise to a product liability claim, including design defects, manufacturing defects, and failure to warn defects.
In a product liability case, the plaintiff may seek damages for their injuries or damages, including medical expenses, lost wages, and pain and suffering. The defendant (the manufacturer, distributor, or seller of the product) may contest the claim, arguing that the product was not defective or that the plaintiff's injuries or damages were not caused by the product.
If the case goes to trial, the plaintiff will need to present evidence to support their claim, including testimony from witnesses and experts, and the defendant will have the opportunity to present their own evidence and arguments. The judge or jury will then decide whether the plaintiff has proven their case and, if so, award damages to the plaintiff.
How can the Ewaniszyk Law Firm help you with your Product Liability case?
Investigating the incident: An attorney can investigate the incident that gave rise to the product liability claim. This may involve gathering and reviewing evidence, such as the defective product, witness statements, and any relevant documentation.
Determining fault: An attorney can help the client determine who is at fault for the incident. In a product liability case, the manufacturer, distributor, or seller of the product may be liable if the product was defective or if it was not properly labeled or warned about potential dangers.
Negotiating with the other party: An attorney can negotiate with the other party on behalf of the client to try to reach a settlement agreement that is favorable to the client. This may involve negotiating a settlement amount that covers the client's damages, such as medical expenses, lost wages, and pain and suffering.
Representing the client in court: If the case goes to trial, an attorney can represent the client in court and present a case to the judge or jury. This may involve presenting evidence, making legal arguments, and cross-examining witnesses.
Advocating for the client's rights: An attorney can advocate for the client's rights and make sure that they are treated fairly throughout the legal process. This includes ensuring that the client's legal rights are protected and that they receive fair compensation for their injuries.