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Products Liability Claims In Brain Injury Cases

If a plaintiff’s brain injuries were caused by a dangerous or defective product, he or she can pursue a legal action against the manufacturer or sellers of that product. Products liability lawsuits are governed by special rules that sometimes make it easier for an injured person to recover damages.

Products liability claims are typically based on theories of negligence, strict liability or breach of warranty. Liability for injuries caused by a dangerous or defective product may fall on any party who put the product into the chain of commerce, such as the product designer, manufacturer, wholesaler or retail seller. Every brain injury lawsuit is unique, and the specific facts and circumstances of the case will determine the best products liability theory to pursue and type of evidence that will be required to prove the plaintiff’s case.

Defectively designed or manufactured automobiles and component parts, for example, can cause traumatic brain injuries in a variety of different ways. They may cause the accident itself, fail to properly protect the occupant from trauma to the head or cause another injury that results in a lack of oxygen to the brain.

In our legal practice, we have seen many catastrophic injuries, including traumatic brain injuries, caused in whole or in part, by defectively designed or manufactured automobiles or their component parts, including seat belts, tires and air bags. Defective products can also cause car, truck and SUV rollover and roof crush accidents that result in severe trauma to the brain or other catastrophic personal injuries. For example, brain injuries may be caused by:

– A defective tire that blows out and causes a collision or a rollover accident
– A defective air bag that does not deploy thus allowing an occupant to be severely injured
– A defectively designed shoulder-only seat belt that allows a child to “submarine” down the seat causing a neck injury or airway obstruction that denies oxygen to the brain

Products liability is a very complex area of law, and you should seek the advice of an experienced California products liability attorney as soon as possible after any serious accident. The Brady Law Group has been representing plaintiffs in products liability, catastrophic personal injury, wrongful death and accident cases for more than two decades. If you would like to discuss your case with one of our attorneys, please contact the Brady Law Group by phone or email today. Our consultations are always free.

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