How To File A Product Liability Claim In California

Updated: Jul 24, 2020

If you've been injured as a result of using a product, your time is limited to file a claim.

Product liability claims are associated with a business owner or manufacturer being held accountable for the personal injury caused by a defective product that they manufactured.

The federal product liability statute of limitations states the time to file a personal injury claim due to product liability is two years: This includes any injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Manufacturing Defect VS. Design Defect

Companies who place goods in the hands of consumers and contribute to the injury can be sued under state laws for manufacturing and design defects. Most products liability claims are those where the design of the item was expected to be safe but turned out otherwise causing injury or death to an individual.

The production chain from the creation of an item can include all parties involved from the assembler, manufacturer and even store that sells the product. Typically, product liability lawsuits are based on strict liability and negligence.

Most design flaws that cause injury are household items such as tables, furniture, and items that are a choking hazard to children. product liability cases are very complex and must be investigated by experts including an experienced product liability lawyer .

How to Win A California Product Liability Claim

First things first, get a reliable, honest and experienced California product liability lawyer.

Don't be persuaded by fancy websites, oficial seals, or reviews. Investigate your choice of product liability lawyer with the California State Bar to make sure he or she isn't involved in disciplinary proceedings for unethical practices. Hundreds of lawyers in California are disciplined and disbarred for committing crimes every month.

Make an informed decision about the product liability lawyer you want to hire.

Second, you must act fast. Product liability cases have a time limit from the moment of the injury to the time you file a claim. The more you wait, the more difficult it will be to successfully prove negligence and seek monetary compensation. Product liability cases take time and a lot litigation. Find the right Los Angeles Personal Injury Attorney to help you in the initial phase of your claim.

Product Safety

Every year thousands of people are injured, permanently disabled and even killed by a defective product. In most cases, these products should have never been in the marketplace because of the potential dangers to consumers.

Since there is no federal product liability law, most cases are based on state laws where the victims of a defective product resides or where the product was manufactured, , marketed or otherwise sold to the public.

Top 10 Most Common Types of California Product Liability Cases

There are many different types of defective products that can cause a serious injury. Some of these defective products are every day items and can potentially injure anyone using the product.

Automobiles - Everything from carbon monoxide poisoning, brakes going out, sudden unintended acceleration, tires blowing out, seatbelt failure and other malfunctions can cause a serious injury.

Children's Products - Any product used by small children can cause serious injuries, specially those that represent a chocking hazard. Many products in the market are poorly designed and don't take into account the potential danger for small children.

Household Appliances - Household appliances can be a fire risk or cause burns by electrocution due to flaws on design or defective parts. Product liability cases are often the result of household appliances that are use on a daily basis.

Furniture - Some furniture have design flaws that cause heavy items to tilt and crush small people or children.

Medical Devices - Very often medical devices that are intended to safe lives end up taking lives due to poor design or defective parts.

Chemicals & Cleaning Products - Dealing with household and exterior cleaners of any kind can be extremely dangerous. Companies that make and distribute cleaning products contain harmful ingredients which can cause allergic reactions, illness, severe irritation, cancer, birth defects and many more side effects.

Contaminated Food - Many times the food we eat can also be very dangerous to our health, specially if it's not labeled correctly or if its contaminated. The food and beverage industry go through a lot of testing, and must always meet with specific guidelines, laws and regulations.

Industrial Equipment & Machinery - Organizations like OSHA work tirelessly to make sure that proper protocol is required and met by companies who employ people to operate these machines. Many product liability cases are the result of defective commercial machinery that injury thousands of workers every year.

Sports Equipment - Common products like baseball gloves, weight-lifting equipment, water-sport equipment, bicycles, skates and motorcycles, must meet specific safety guidelines before they are sold to the public.

Jewelry, clothes and fashion accessories - Yes, even items you wear on a daily basis can represent a danger to your health.

For a referral to a Los Angeles Personal Injury Attorney, submit your injury claim 24/7 by clicking the "GET A REFERRAL" button above.

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