Defective Product Attorney
Have you been injured by a defective product? contact our California product liability attorneys for a free consultation today.
California Defective Product Laws
California has strict liability laws when it comes to defective products. This means that whoever is involved in the manufacturing or designing process of the product is held liable for the defects. This occurs even if the manufacturer was careful in manufacturing the product. But this strict liability law does not automatically make the manufacturer of a product liable when the product is “inherently unsafe.” Products that are considered “inherently unsafe” include dangerous products like guns, alcohol, and knives. When someone has been injured from a dangerous defective product, it is going to be difficult to prove that the user of the product was not aware of the dangers.
Our experienced defective product attorneys will help you understand your potential legal claim, and the damages you could receive as a result of your injuries. Our attorneys will be your voice in a defective product case if you need to collect damages from the makers of a defective product that injured you.
Generally, all products that are manufactured must meet the appropriate standards for use. This means that all manufacturers must make sure that consumers are safe and act within the standard of care. This means that oftentimes products need to be accompanied with some type of safety warning or hazard warning.
What Are the Different Types of Defects?
There are several different types of defects that could come with defective products. Below are the different types of defects described:
- Defective designs: this occurs when the product has been designed incorrectly with a flaw, and because of this design flaw, the plaintiff was injured.
- Defective production: this occurs when there has been a defect in the manufacturing process. This means that one product has deviated from the production assembly line.
- Defective marketing: this occurs when the manufacturer did not provide adequate warnings or safety warnings with the materials. This is most likely to occur with cars or home appliances.
What If I Was Also at Fault?
California follows comparative negligence rules, which means that if plaintiff was also liable in using the product, plaintiff could still recover monetary compensation from the other party. Plaintiffs would have to recover a reduced amount due to their own negligence. So, for example if it is determined that the plaintiff was at fault 20% and the manufacturer was negligent 80%, and the damages totaled $100,000, then the plaintiff could recover $80,000. The total amount is decreased by the percentage at which the plaintiff was negligent themselves.
What Type of Damages Could I Recover from a Defective Product Lawsuit?
- Pain and suffering: This is the type of non-economic damage that a plaintiff could receive. A defective product can cause extreme pain which could lead to pain and suffering that a victim may have to endure.
- Economic damages: these are damages that you can easily calculate. These include damages such as medical bills, lost wages, future lost wages. Medical bills could be very costly, especially treatments in a hospital. Not only would medical bills have to cover the past treatments, but you may also need compensation for future treatments, such as physical therapy.
- Wrongful death: if the victim has passed away due to the defective product, then the plaintiff’s family could bring a wrongful death claim against the manufacturer. In a wrongful death claim, the family could collect damages such as funeral expenses.
What Are the Different Types of Defective Product Lawsuits?
There are several different types of legal claims a defective product attorney could make against the at fault party. In order to determine which legal claim applies to your case, contact our experienced products liability attorneys today.
- Negligence: filing a negligence claim asserts that the defendants had a standard of care and failed to meet it. Because they failed to meet the standard of care, plaintiff suffered an injury or an illness. Plaintiff must be able to prove that defendant’s negligence caused the plaintiff injury.
- Strict liability: several states such as California and Nevada have strict liability laws when it comes to product defects. Strict liability legal claims do not require that the plaintiff must prove negligence. All that the plaintiff must prove is that the injury occurred by the product that was sold by the defendant and that the product was defective when it left the defendant’s possession.
- Breach of warranty: breach of warranty occurs when the product has an express warranty, written or spoken, regarding its use. There is also an implied warranty that the goods are fit for their use, called implied warranty of merchantability.
What should I do after I have been injured by defective products?
Our attorneys advise that our clients take specific steps after getting injured by defective products.
- Seek medical help immediately, even if you believe that you have not suffered any injuries
- Collect evidence: make sure that the product has not been tampered with, photograph the defective product, and take down the names and contact information of all witnesses who experienced the incident.
- Store the defective product in a safe place
- Hire an experienced product liability attorney: a product liability case could be very complex, and so it is important to never go through a product liability claim unrepresented. Our experienced product liability attorneys handle very complex cases and will be able to manage your case to make sure you recover for your damages. Our experienced attorneys offer free no risk consultations to discuss your defective products.
Who is Liable in a Defective Product Lawsuit?
There are several different parties that could be held liable in a defective product lawsuit. These include:
- The manufacturer of the product
- The designer of the product
- The parties who installed the product
- The parties to assemble the product
- The retailer of the product
Get in Touch with A Defective Product Attorney Today
Big companies have a responsibility to provide safe, effective products, with proper warnings and instructions for use. When they do not uphold their duty of care, they are negligent and need to be held accountable. If the time to file a defective product claim runs out, it can be almost impossible to get the compensation you need. Reach out to one of our defective product attorneys today.
Our experienced legal team can help you construct a game plan from your legal options. We will inform and advise you of your consumer rights according to California and Nevada defective product laws.
We believe you should be represented by the best possible defective product lawyers, in order to receive the best possible defective product case outcome. You deserve a defective product lawyer team with the most experience, the highest-rated client relations, the top resources and experts, and most importantly a proven track record in trials and settlements. Contact our team of experienced product liability attorneys at Heidari Law Group today.