Products Liability Attorney Serving California
We live in a consumer-driven society which means that we rely on a wealth of different products to get us through our day. It is therefore dangerous and life-threatening when one of these products is ill-made or was not been properly tested before entering the stream of commerce.
Product Liability Cases
Product liability cases cover a wide array of injuries and can impact a consumer in every part of your life. Your car brakes may malfunction, leading you to crash into a wall, or into oncoming traffic. Your blow dryer may explode, severely injuring you while you get ready in the morning. The birth control you have been taken for years may be found to cause a rare disease. The toys your child plays with may be found to contain harmful contaminants. The bottom line is that so many products are put into the stream of commerce without being properly tested, which run the risk of causing a severe injury to you or your family. As a victim of this type of injury, you should not be forced to pay for your injuries just because you bought a product which was negligently manufactured.
Bringing a products liability case requires the manufacturer and supplier to pay for injuries caused by the products they created and stocked in their stores. Products liability suits ensure that those who cause the injury are those who pay for it, and further ensures that the harmful product is removed from storefronts or recalled and remodeled.
Common Defective Product Types
- Food Poisoning
- Battery Explosions
- Defective Baby and Child Products
- Defective Medical Devices
- Defective Automotive Products
- Defective Consumer Products
- Dangerous Building or Construction Material
Products liability cases can rely on three different theories in its prosecution, including negligence, strict liability, and breach of warranty. Many cases rely on the theory of negligence of the manufacturer or the store owner in designing, manufacturing, and promoting the product for sale. This theory requires the victim to prove the manufacturer and seller were not reasonable in their examination of the product for any defects or in their failure to warn of any defects.
Other cases may look to strict products liability, in which the victim only has to show:
1. The product was defective;
2. The defect existed prior to the victim purchasing the product; and
3. The defect caused the victim’s injuries.
Finally, the victim may look to a breach of warranty theory which is based in contract law. Under this theory, a victim may recover based on breach of a warranty which caused the victim’s injuries. For information regarding Lemon Law visit our California Lemon Law site.
California Product Liability Lawyer FAQ
Under California product liability laws, you may file a lawsuit against the product’s designer, manufacturer, or seller if you incurred damages from the use of a defective product or if the manufacturer did not provide adequate warning. California is a strict liability state. This means that the plaintiff can file a product liability claim upon using a dangerous product with design defects or flaws whether the seller or manufacturer is negligent.
You can file a negligence claim if you can prove that the defendant could have prevented the damage or injury, but they failed to do so.
In a strict liability claim, the defendant is held liable even if they did not intend to cause harm through their negligent behavior or recklessness.
California’s strict product liability laws do not require the plaintiff to prove negligence in a defective product. California defective product lawyers only need to prove that there is a causal connection between the product, the defendant, and the plaintiff’s damages or injuries regardless of the defendant’s exercise of reasonable care or their intent.
Product liability refers to the manufacturer’s or seller’s liability to product users, consumers, and bystanders for physical harm or damage to property, which is caused by a defective product.
It is difficult to predict exactly how long it takes to settle defective product cases in California as each case is unique. Defective product out-of-court settlement might take as little as one to three months while court trials could take a year or longer.
Although proving liability for a defective product in California differs from one case to another, you must prove that:
- The defendant manufactured, designed, advertised, distributed, or sold a faulty product
- The defendant knew or should have known of the defect or that the product had the defect when it left their possession
- You used the product reasonably or as expected
- That you suffered harm as a result of using the product
If you were aware of the defect before you sustained the injuries, you forfeit your right to seek compensation from a California product liability lawyer.
In a defective product lawsuit in California, you can seek compensation for:
- Long-term or emergency hospitalization or related therapeutic or rehabilitation costs
- Lost wages
- Projected wage losses due to mental or physical limitations caused by a defective product
- Pain and suffering
- Depending on the specifics of your particular case, your California defective product attorney may suggest your case goes to trial, especially when you need to be compensated for pain and suffering.
Yes. Most product liability cases do not need to go to trial, however, you will still need the services of an experienced defective product lawyer in California. Our legal staff will advise you on whether the settlement amount is reasonable or you should seek further legal redress by going to trial. Settling your product liability case out of court takes significantly less time compared to a court trial.
If you or your loved one has suffered damages from a defective product or inadequate warnings about its use, get in touch with our experienced product liability lawyer at Johnson Attorneys Group immediately at 949-566-8333 to request a free case review. California’s product liability laws require you to file a complaint within two years from when you discovered the defect or when you sustained injuries.
California Product Liability Attorney
If you or a loved one have been injured by a defective product in California, it is important to meet with an experienced products liability attorney as soon as possible. Products liability cases have a limitations period of two years from the date of the injury, although in many cases this is extended from the date you become aware of the injury.
Contact us at one of our many California offices or meeting places to schedule your initial consultation today and receive the compensation you are entitled to.