As A Consumer, You Have Rights
Consumers across the country have a reasonable expectation that products they purchase are safe for an ordinary consumer using the product as it is intended or expected to be used. However, defective products cause serious injuries and sometimes death to innocent and unsuspecting consumers every day.
California Offers Strict Liability For Defective Products
A lot of times people avoid making product liability claims because they only know that the product injured them, but they feel like they do not have the resources to make a claim. They may no longer have the packaging or the receipt for the defective product. They do not know whose negligence caused the defect and they do not know whom they would bring a claim against.
The prospect of going up against a manufacturer, distributor, or seller of a defective product may seem like the consumer is taking on a giant, but California strict liability law makes product liability cases a little easier. Strict liability law is applicable in cases of design defects, manufacturing defects and failure to properly instruct or warn.
- Design defect is raised when a product’s construction conforms with the product’s design plans resulting in a dangerous product that causes injuries to a consumer using the product in a reasonably foreseeable way.
- Manufacturing defect is raised when a product’s construction departs from the product’s design specifications and results in a dangerous product that causes injuries to a consumer using the product in a reasonably foreseeable way.
- Failure to warn or instruct is raised when a defendant should have known that a product would be dangerous when a consumer used or misused the product in a reasonably foreseeable manner and was injured as a result. In this case, the defendant should have issued proper warnings or instructions regarding the potential injury.
If you have been injured by a defective product, you may be receiving calls from insurance companies already wanting to settle your claim, but if you do not have a product liability attorney, you may not get the settlement amount that you deserve.
You need an attorney who is an expert in product liability law and someone who will effectively negotiate with insurance companies. You also need an attorney to help you value your claim to make sure that all of your injuries and damages are covered.
Common Types Of Product Liability Cases
Any type of consumer product may be the subject of a product liability claim, but products our attorneys see most frequently are listed below.
- Automobile parts defects such as defective airbags, tires, and steering mechanisms.
- Food products contaminated with bacteria and foreign materials.
- Children’s products such as defective strollers, bouncy chairs and toys.
- Pharmaceuticals and medical devices.
- Household appliances such as dryer, oven, or food processor defects.
- Household products containing dangerous chemicals such as cleaners, weed killers, and detergent pods.
- Poorly designed or constructed furniture that causes serious injuries and fatalities including products that are likely to tip over or cause suffocation.
If you have sustained injuries caused by a defective product, contact The Hayes Law Firm to discuss your claim. When a defective product causes injuries, you deserve to be compensated and liable parties should be held accountable.
When we purchase products, we trust manufacturers that they looked out for our health and safety when designing, manufacturing, distributing, and selling these products. Unfortunately, many manufacturers violate that trust. At The Hayes Law Firm, we make sure that those who fail to ensure consumers’ safety and health must be held accountable for any resulting harm.
Depending on the type of the item that you are using, a defective or faulty product can cause injuries ranging from mild and mild to catastrophic and life-threatening such as brain injuries, burns, disfigurement, and spinal cord injuries. Manufacturers of toys can be responsible for causing injuries to children.
What Do You Need To Know About California’s Product Liability Laws?
Some of the key product liability laws in California that you need to be aware of are:
- You have two years to file a product liability claim against all liable parties from the date of your injury;
- You are entitled to recovering damages for the amount that you were not at fault. California follows a system of pure comparative fault. For example, if you did not use a defective product in a foreseeable manner and yet the court rules that the product was inherently dangerous to a reasonable consumer, you could be found to be 50 percent at fault, which would cut your total compensation in half.
- For your product liability claim to succeed, you need to demonstrate proof of a manufacturing defect, defective design or lack of adequate warning.
Apart From The Manufacturer, Who Else Can Be Sued For Your Injury?
The main manufacturer of the defective product is not the only legally liable party for causing your injury. Under California law, a product liability claim can be filed against all parties that failed to ensure that the product meets the reasonable expectations of consumers. Your product liability lawyer could identify the following parties as defendants:
- The main manufacturer of the faulty product
- Manufacturer(s) of parts and components
- The party who assembled the product
- The party who installed the product
- The retailer that sold the product
- The wholesaler
- The distributor
Note: The party that sold the defective product is not always liable for your injury. Under California product liability law, a product must be sold as a regular course of the manufacturer’s business for the seller to be held accountable for any resulting harm. Thus, a person who resells a product via the Internet or at a garage sale would most likely be excluded from a product liability action.
How Do I Get Compensated For My Product Liability Injury?
In California, you must show proof that the manufacturer and other parties involved are liable for at least a portion of your losses and damages. To establish your eligibility to recover compensation, you might need help from an attorney who will find compelling evidence proving that (a) the product is defective or inherently dangerous and (b) your injury was caused by that product.
Does Joining A Class Action Product Liability Lawsuit Make Any Sense?
In some cases, it does. However, in other cases, joining a class action lawsuit might actually do more harm than good. Your lawyer can advise you on your best option and investigate whether other similar injuries were caused by the same product in the past.
Don’t Wait; Call Today
Speak to our attorneys at The Hayes Law Firm to get compensated through an individual or class-action lawsuit. Let us advise you on the best course of action in your product liability case. Call at 323-693-1052 for a free evaluation.