California Defective Products Attorney-
When a dangerous product defect is present, the responsible party is the manufacturer or seller and, in some cases, it is up to the manufacturer to prove that they were not negligent in producing a defective product. Oftentimes it is from a mistake in design or manufacturing that leads to dangerous product defects. If you have been injured by a defective product, you may be able to file a product liability claim to seek compensation for your injuries against the manufacturer, retailer, or designer.
The number of consumer product recalls has grown 60 percent in less than ten years making the United States one of the worst culprits of sending defective products into the marketplace. As a result, an alarming number of people suffer sometimes serious bodily injury or even death due to defective products of poor quality, faulty design, or other defects.
There Are Three Categories of Product Defect Cases
Failure to warn/warning labels
It is important to identify which type of defect led to your injuries so you can determine who to hold liable.
These products include those that become defective during the manufacturing process. In such a case, the manufacturer would be held liable for the manufacturing error.
This category of defects includes those products which are dangerous due to a flaw in the design. To prove that the designer is liable for the defect, the court will apply a risk/benefits test to determine if the risk of danger caused by the design outweighs the benefits of the design.
In California, the court may also use the consumer expectation test to determine if there is a design defect. In other words, if the product failed to perform as safely as an ordinary customer would expect the product to perform, it may have a design defect.
If manufacturers fail to label their products with adequate warnings for potential dangers associated with using the product, they may be held liable for any injuries that occur. If you were not using the product in the way it was designed to be used at the time of the accident, you may not be able to hold the manufacturer, designer, or retailer liable.
California has a strict liability rule in place for product liability cases. What this means is that the victim does not have to prove that negligence played a role in the case. Instead, the victim only has to prove that the product defect existed and that it caused the injury. Even if you were partly to blame for your injuries, California is a pure comparative negligence state, which means that you may still be able to file a product liability claim for the percentage of fault not caused by you.
What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?
Damages for injuries caused by defective products are typically compensatory, special, or punitive. Typically, these damages may be awarded to cover:
Medical costs, both present and future
Pain and suffering
Consumers trust that the products they purchase will work safely as intended. However, when a product has a defect and injury results, hire a Big League Attorney to represent you to obtain the biggest possible recovery.
It’s important to remember that insurance companies are not your friends when it comes to compensating you for an injury caused by a product defect. These are typically high policy limit cases and insurance companies have legal counsel to handle these often-complex accidents. They will use every legal tactic possible to minimize your claim and save the insurance company money. If you’ve been injured by a defective product call a Big League defective product lawyer today. Our lawyer has a passion for helping victims of these accidents and will aggressively represent your interests to obtain the biggest recovery possible for your loss. Call (949) 414-6630 NOW or fill out our FREE Consultation Form and we’ll contact you when you’re ready.