Distinguishing the Difference Between Product Liability and Premises Liability

By Bella Holly -

Ordinarily, when we buy a product at the store, we trust that the manufacturer is providing a safe, legitimate product. But have you noticed that some products contain a warning message on the outside of the packaging? Sometimes a warning such as “could cause choking” may seem a little funny to us, especially if it’s an item that doesn’t typically go near the mouth; but the reality is that someone has likely suffered from choking due to that product and has complained that the company should state the product’s hazard. There are laws in place to protect the consumer in case of injury due to a product’s malformation or to the company’s neglect in production. If you have suffered from a similar circumstance recently, you may require the help of a San Diego liability lawyer.

It is not only product liability which needs to be considered, there is premises liability also. This is a legal responsibility which all landowners or occupiers of property have to adhere to. In other words if you are a store owner and you do not warn customers that the floor is wet, they slip and fall, your insurance has to cover their injuries in terms of your premises liability cover. Trips, slips and falls are some of the most common liability claims, but if a person is injured due to the failure of another party to warn them of the hazard, it is their right to make a claim.

With product liability the designer, manufacturer and supplier can all be held liable for injuries caused by defective product. This encompasses a far broader spectrum of failures than you might actually believe. To eliminate any confusion, a San Diego attorney can help you decide which type to file for.

For example faulty ladders can collapse, chairs can break, car gas tanks may explode, car roofs crumple rather than protect. Tools, toys, pharmaceuticals, household products and appliances, in fact anything that has been manufactured! Failure of these has on occasions has caused serious injuries, illness and even death.

A liability lawsuit can be based off of a number of things. The main causes of a liability claim are negligence in a premises or product’s creation, failing to fulfill the warranty offered for a product, a defection resulting from manufacture, and failing to place a caution or warning label on the packaging. All of these are a justifiable means to file a San Diego liability claim and should be pursued as soon as possible after the incident has occurred, as there is a time limit on the amount of time that can pass between the injury and the claim. http://www.sandiegoliabilitylawyer.com

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