Updated: Apr 21
Defining Product Liability And Your Legal Options
It is the legal responsibility of product producers to ensure that the products they offer are safe, effective, and function as stated. That said, thousands of individuals are injured every year in the United States due to defective or excessively harmful items.
If you or a loved one has recently been injured by a defective consumer product, it is critical to speak with a California Attorney For Personal Injury about your legal options for recovering your losses.
Defective Products: An Overview
A defective product is at the heart of every product liability case. While some items, such as kitchen cutlery and lawn care equipment, are intrinsically dangerous to end-users, others are dangerous due to major flaws in their designs, manufacturing methods, or marketing materials:
When a consumer product has an inherent problem in its original design, it is defective by design. This fault will harm every product made with that design, necessitating a recall from the maker.
When there is an issue with the materials or assembly techniques utilized in manufacturing, consumer products can be defective.
This type of problem may only affect specific manufacturing lots, such as when a producer switches suppliers for raw materials used in production.
If the new supplier's materials are of lower quality than the original materials, the products made using the new supplier's materials may have serious flaws.
A product liability claim could also arise due to poor marketing or the manufacturer's failure to disclose crucial safety information about the device's intended usage.
Aside from the product maker, additional defendants may be involved in product liability claims. In addition, multiple parties in a defective product's supply chain may be liable for plaintiffs' damages in some product liability claims.
If you believe you were injured by a defective consumer product in any of these ways, a California Attorney For Personal Injury can help you hold the manufacturer responsible and recover compensation for your losses.
What Can You Get From Product Liability Claims?
A product liability claim is a type of personal injury claim in which an injured plaintiff can seek compensation for any and all losses incurred due to the defective product. For example, if the plaintiff contracted a disease or sustained physical damage due to a defective product, they might be entitled to reimbursement for current and future medical expenses.
They can sue for lost pay if their ailments compel them to miss work. Plaintiffs who suffer lifelong disability due to their ordeals may obtain compensation for their lost future earning potential.
Property damage is a part of several product liability claims. A broken cooking appliance, for example, could start a fire, or a wrong electrical gadget could harm other electronics, such as pricey computer equipment. In a product liability claim, a California product liability lawyer can assist their client in determining the entire amount of their damages and maximizing their compensation.
In California, personal injury claimants are also entitled to compensation for their pain and suffering. While this may be difficult to calculate, most judges will award pain and suffering damages based on the plaintiff's overall medical expenses as well as the severity of their injuries.
A plaintiff who suffers third-degree burns that result in lifelong scars, for example, is likely to earn significantly greater pain and suffering compensation than a plaintiff who suffers less severe injuries that recover in a matter of weeks or months.
That said, getting a California Personal Injury Attorney would immensely help you know your legal options.
How Would A California Product Liability Attorney Help You?
A product liability suit may be more complicated than you think. While it may seem self-evident that a product maker should be held accountable for any damages caused by their defective items, most large corporations have formidable in-house legal departments dedicated to safeguarding their interests.
It might be extremely difficult to deal with these legal professionals on your own. However, hiring a skilled California Attorney For Personal Injury will significantly improve your chances of receiving the money you deserve.
Your California Personal Injury Attorney can assist you in navigating the product liability laws that are likely to apply in your case, as well as state statutes that may present challenges or opportunities as your case progresses. For example, if many other consumers have incurred similar damages due to the same product, you may be able to join a class-action lawsuit. This method, however, may not be appropriate for every product liability lawsuit.
Finally, having a knowledgeable California Product Liability Attorney on your side might give you more confidence in your claim and increase your chances of receiving compensation. You can also relax and concentrate on your recovery, knowing that your case is in capable and trustworthy hands.
You may contact us via our 24/7 live chat (or fulfill our case submission form) for a free initial consultation.