PRODUCT LIABILITY

How do I know the Product is Defective?
Not every product that breaks or fails is defective. Knowing the difference is difficult if you don’t have experience in this area of law. A good rule of thumb is if you were using the product as it was intended, and you sustained a loss or injury that was not related to normal wear and tear or improper use, then you could have a product liability claim.

 

The Consumer Product Safety Commission offers a list of recalled products, news releases, and safety education materials to keep consumers well-informed about various products that are found to be defective and cause safety hazards. It may not have every faulty or defective product on the site, but it is a good place to start your research.

 

Consumers should be aware of all the resources available to help them if they are seriously injured or lose someone to a wrongful death due to a defective product. However, such recalls do not replace California’s product liability and safety laws. Such laws are often more expansive than recall lists.

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What are California's product liability laws?
California has many product liability laws that are designed to protect consumers. Defective products are classified under three categories, based on how the product is dangerous:

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Design defects. Defectively designed products can be any type of product a consumer purchases or uses, such as poorly designed vehicles, flawed child products, inadequately designed safety equipment, etc. These claims involve products where the design itself is flawed, as is often the case with medical devices or shoddy lithium-ion batteries in e-cigarettes.

Manufacturing defects. A manufacturing defect is an error that occurred when the product was being made and can make the product dangerous for use, such as a faulty airbag or smoke detector. Manufacturing defects differ from design defects in that there is nothing wrong with the product’s design; rather, there is an error in manufacturing that makes the product dangerous to consumers. Using substandard parts to save costs is a common reason manufacturing defects occur.

Failure to warn. A product that is not properly labeled or missing important instructions about how to use the product may result in the manufacturer being held liable. Failure to warn the consumer about potential hazards or include recommendations for the correct usage of a product can lead to serious or catastrophic injuries and even wrongful death. This can include failure to warn against foreseeable misuse. These types of claims are why you often see tags stating “do not put in water” on electrical devices.

Generally, the company that manufactured the product can be held liable for an injury caused by a product it made. The company that created the product is in the best position to understand the uses of its product and any potential dangers that could result. Notably, in California, everyone in the chain of distribution is also liable. That includes, for example, the retailer of the product and the distributor. This becomes increasingly important when the product at issue is made overseas.

 

 

Here is a brief overview of what you should know if you are considering a claim:

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Generally, you have two years to bring a claim against a company after your injury occurred.
You must have a basis for liability, meaning the defect has to fall into one of the three categories listed above.
 

In order to recover compensation under a product liability claim, you must show the company was liable for at least a portion of your damages.
 

In addition to filing a product liability claim, we normally also file a negligence claim and a breach of warranty claim. In product liability claims, there is no need to prove fault. If the product was defective when used and the defect is the cause of your injuries, you should be able to file a product liability claim.

 

California follows a comparative negligence system when it comes to product defect claims. In short, it means if you are found partially at fault for your injuries, the amount of your personal injury award could be reduced by the percentage of your fault.

 

For example: If you are using a gas grill that ignites and you sustain burn injuries; you are awarded $25,000 in economic damages and $180,000 in pain and suffering. However, the jury finds that your own actions were partially to blame for the ignition of the grill, and holds you 50% responsible. Your award will be reduced by 50%, meaning you will only receive $12,500 for your economic losses, and $90,000 for your pain and suffering.

 

It’s important that you work with an experienced lawyer knowledgeable in this area of the law. Our skilled and dedicated attorneys work to protect your rights and receive the maximum amount of compensation possible for the care you deserve.

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Should I join a class action or file an individual lawsuit?
Like many answers in law, it depends. If you or your attorney is aware of other similar injuries caused by the product, then it might be worth exploring a class action. If your injuries are unique, then a class action is not the right path to choose. Our class action attorneys can help you decide whether a class action is right for your lawsuit.

 

STRONGIN attorneys fight for people injured by defective products!
There are state and federal guidelines that set the standards these companies must follow, and when manufacturers and large industries don’t comply with product safety regulations, they need to be held accountable. The STRONGIN, LLP product liability lawyers have years of experience with these complex cases. We have the resources to go up against large manufacturers and companies when they fail to protect consumers from faulty, defective, or dangerous products.

 

Our product liability attorneys work with product safety experts, engineers, and other professionals who have the qualifications and experience to verify whether the product that caused you harm was defective, and who is willing to testify in a court of law.

 

Do you have a product liability lawyer near me?
We meet clients and families of those injured or killed by a defective product at our Ladera Ranch Office:

     999 Corporate Drive

     Suite 220

     Ladera Ranch, California 92694

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     Phone: (949) 529-2250
     Fax: (949) 386-7253
     Email: results@stronginburger.com

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If ill health prevents you from coming to our office, we will make arrangements to meet you at your home or a healthcare facility when necessary. Online video conversations are also an option.

We’ll explain your rights, work with your doctors, and pursue your claim with the insurance adjusters and before a jury.

 

STRONGIN product liability attorneys stand up for you!
A consumer should never suffer for purchasing and using a product that was advertised to improve quality of life and, instead, caused serious injuries or even death. If any of these situations apply to you, contact the experienced STRONGIN, LLP product liability team today.

 

Contact us or call us today to discuss your product liability claim and get on the path to recovery.