California Product Liability Injury Lawyers
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Our California Product Liability Injury Lawyers Provide Personalized Legal Help After An Injury
The United States judicial system has a process in place for the protection of the country’s consumers. Product liability laws help keep consumers safe from risks that come with defective products.
Manufacturing companies can face strict liability for a defective product, regardless of whether or not the company was negligent. If you or a family member recently sustained an injury while using a product as intended, contact our injury law firm that handles product liability cases. To schedule a free initial consultation with our California product liability injury lawyers, call us at (888) 488-1391.
Three Types Of Product Defects
If a product causes or contributes to your injuries due to a defect or malfunction, you may have grounds for a claim against the manufacturer or distributor.
You do not need proof of the defendant’s negligence in these cases, although you do have to prove that the product was unreasonably hazardous and that a defect caused your injuries. While product defects can take endless forms, the law breaks every product defect down into three categories.
Sometimes, a product’s design has flaws that make it inherently dangerous for consumers to use. Examples of this include a fan without a finger guard or an electronic toy that overheats and catches fire after too much use. Another example is a seatbelt that comes unlatched under stress.
Dangerously designed items can cause injury even if manufactured and used correctly. For instance, in December 2023, Walmart recalled thousands of 5 mm magnet sets after these high-powered magnets injured over 2,400 individuals and killed 7. The United States Consumer Product Safety Commission (CPSC) cites “failure to meet federal safety regulations for toy magnet sets” as the reason for the recalled products.
In other cases, a product’s design is safe, but an error occurs during production, assembly, or distribution that makes it dangerous to use. An example is a hot water heater missing a component that makes the appliance prone to exploding when in use. Another example is a batch of medication that is accidentally poisoned by a foreign substance during production.
A manufacturer also has a responsibility to warn consumers of potential risks that may not be obvious to the average person, such as the risk of a small piece falling off a toy and posing a strangulation hazard to small children. There must be a warning label and instruction manual with the product to prevent these types of injuries.
If the item that injured you is on a recall list, you may still be eligible for recovery. Just because a manufacturer recalls a product does not mean it is immediately liable for damages. Likewise, a voluntary recall does not protect the company from lawsuits in California. The injured party may still have all the elements of a product liability case.
A recall may serve as evidence of the item’s defect if the courts allow. The manufacturer can use a recall as a defense, in the sense that the consumer should have known about the product’s defects — but only if the manufacturer can show that the plaintiff directly received notice of the recall.
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– BRIAN BEECHER
How To Pursue A Product Liability Claim In California
First and foremost, receive medical care for your product-related injuries. Once you’re on the mend, start gathering information about the incident. Write down the name and manufacturer of the product. Take photos of the item that injured you and the part that is defective, if possible. Record where you were when the incident occurred and what you were doing. If you were using the product in a way the manufacturer did not intend, take note of this.
Reach Out To Our Product Liability Lawyers In California
If you called the police at the time of the product failure, obtain a copy of the police record. Keep your medical bills and other pertinent documents in one organized location. For legal assistance, reach out to Arash Law’s team of attorneys. Call (888) 488-1391 to schedule your free initial consultation.
Our California product liability lawyers are familiar with city and state laws and can guide victims in the process of pursuing compensation from major manufacturers. We represent clients throughout California, including those in Los Angeles, San Diego, Sacramento, San Francisco, and Riverside, just to name a few.
