Product Liability: Frequently Asked Questions & Answers to help you determine if you have grounds for a personal injury lawsuit involving a faulty equipment or a defective product.

Q #1: What is product liability and how do I know if I have a case?

As a consumer, you have the right to expect manufacturing companies and corporations to produce products that follow product laws. When they do not, and you or a loved one is injured, the manufacturer (and any related parties like engineers, retailers or wholesalers) can be held liable. However, you should also know that product liability laws state that you or the injured party "must" have been using the product for its intended use in a safe, efficient and responsible manner in order to hold a manufacturer liable. In addition, it's important to have read and abided by all product labels and warnings provided from the manufacturer. If you have met all those conditions, you may have a genuine product liability case.

Q #2: How soon after the accident do I have to file a lawsuit?

The sooner you realize you may have a product liability case, the better your chances are of getting a favorable settlement in your case. Hours and days can be crucial in these cases as evidence needs to be accurately preserved, recorded and stored in a secure area. The longer you wait the slimmer your chances of winning are.

Q #3: If I'm injured in an accident and my car has been towed away or sent to a wrecking yard, what do I do?

That is why time is of the essence in these personal injury cases. It is important to retain possession of the car or other manufactured item in your possession. Sometimes that means you have to buy the wrecked vehicle or faulty equipment back, otherwise you will lose your evidence. When you compare the smaller cost of buying it back compared to the amount of money you stand to lose in a product liability case, you'll quickly see the value of having possession of it. (Besides, you can always sell it back to the wrecking yard after your case is decided.)

If you were involved in an accident that is being investigated by law enforcement, then make sure you or your attorney put all parties (including owners, tow truck operators, police officers, wrecking yards and the like) on notice that they may subject to a lawsuit if any evidence is destroyed or missing. If the damaged vehicle or equipment has to stay with a third party, ask your attorney to file a restraining order or preliminary injunction to prevent alterations or destructive testing. Plus, make sure your attorney words the order specifying that the damaged article can only be delivered to a party of neutral interest and to make sure that preventive measures are taken to protect it from modification or damage, if it is turned over to anyone.

Q #4: How can I find out if others have had problems with faulty equipment similar to mine to determine if this problem happens on a larger scale?

The best thing to do is obtain a complete history of the faulty piece of equipment or part. You will need to get:

• A complete description of the alleged part or piece that you believe has failed
• Original name and date of manufacture
• The distributor of the product
• Sources of all component parts
• All written materials about the product(s); such as advertising brochures, instruction manuals, repair manuals, technical manuals, operating manuals, catalogs, technical and lay advertisements, blueprints and diagrams of articles and/or component parts.

Q #5: If I feel a company has manufactured or distributed a faulty product, are they the only one I should file suit against?

No. In a product liability case, besides the manufacturer, you may want to contact other potential parties to the lawsuit based on your research. They might include:

• Assemblers
• Component suppliers
• Testing laboratories
• Advertising agencies
• Distributors
• Retailers
• Repairers

Q #6: Are there any governmental agencies that can also give me more information?

Yes. Here is a partial list that will help you and your attorney get some more supporting facts.

• Consumer Products Safety Act will help you gather further information. The U.S. Consumer Products Safety Commission (which oversees the act) is an independent federal agency whose main purpose is to reduce injuries. The Commission issues consumer product safety rules and can ban hazardous products. It maintains an Injury Information Clearing House to investigate and disseminate data relating to the cause of injuries associated with consumer products. Federal statutes encompass aircraft, automobile equipment, boats and boating equipment, insecticides, medical devices, hazardous substances, highway safety, household refrigerators, packaging to protect children, mobile homes, motor vehicles, natural gas pipelines and occupational safety and health.
• In the state of California, the Legislature has established standards on a broad range of products including: animal by-products, blood products, brake fluid, canned foods, barbecue charcoal, electrical power lines, excavations, fire extinguishers, flame retardants, bedding, ceramic tableware, fireworks, honey, water, paint, meat, milk, petroleum products, pipelines, cranes, trenches, plastic bags, radio-active materials, swimming pools and toys.
• The California Division of Industrial Safety also issues safety orders on the following: aerial trams, boilers, compressed air, construction safety, electrical safety, elevators, mobile equipment, plant equipment, dangerous machinery, power transmission equipment, high voltage electricity, sawmills, mines, oil drilling, oil refining, ship building, tunnels and window cleaning.
• Your local state police or the highway patrol should be checked for regulations concerning the use and equipment of motor vehicles. Most state fire marshals issue fire safety standards and basic building design and construction standards.
• OSHA (Occupational Safety and Health Administration) is another good source of information on workplace safety and health standards. They also cover the use of industrial substances and safety in industrial and construction operations.
• For information on regulated substances, get in touch with the Environmental Protection Agency (EPA), which maintains the authority for air, water and pesticide standards.
• For cases involving food, drugs, medical devices or cosmetics, contact the FDA (Food and Drug Administration). They have responsibility for food and food-related products and also have information on drug ingredients and food and drug manufacturing methods.
• If your accident or injury pertains to highway safety, contact the Federal Highway Administration. They conduct highway safety research relating to trucks and busses. The Transportation Research Board will conduct a computerized search and furnish abstracts of all engineering articles pertaining to highway topics.
• For accidents involving boats, ships or watercraft, you may want to contact the U.S. Coast Guard. They set standards for safety inspections of watercraft and conduct investigations on consumer complaints. These are only a few of the government agencies you can contact for more information on helping you build your case.

Q #7: Is there anything else I should do?

Yes, when doing research in a product liability case, there is extensive information you can obtain from private agencies that deal primarily in safety issues. In addition, you can find expert witnesses who will verify and authenticate investigations that may be related to your case. But the single most important thing you can do is to hire a personal injury attorney who can do all this for you or your loved one.

That's what they are trained and paid to do. Attorney Norman Newhouse…who handles cases from San Francisco to San Jose, California…has over 20 years of expertise in successfully settling cases like these. His experience will save you time and money but more importantly, it will give you peace of mind that you are getting solid legal help and increasing your chances of a favorable settlement. Remember there are NO upfront fees, you pay only if your lawsuit is settled.

For more information or to set up a FREE initial consultation

call Attorney Norman Newhouse at:

(650) 365-8534, ext. 2

Contacting Attorney Newhouse by phone is the FASTEST and EASIEST way to get legal help in your personal injury case. Just leave your name, telephone number and a brief message. He will call you back and ask you specific questions pertaining to your case. E-mail Attorney Newhouse.

Office Address: 483 Seaport Court, Suite 103, Redwood City, CA 94063