California Walmart Product Liability Lawyers
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Skilled California Walmart Product Liability LawyersHelping Clients Understand Their Rights
Walmart carries a massive amount of mass-produced products, from food to toys. Unfortunately, defects are unavoidable in mass production. And yet, they still enter the market. Our California product liability lawyers can explain your legal options if a defective Walmart product injured you. Call us at (888) 488-1391 for a free legal consultation.
Our law firm understands the challenges of pursuing the largest retail chain in the United States. Product liability can be complicated, especially with a big company with powerful defense attorneys like Walmart involved. We aim to guide you through the process so you can make informed decisions at each stage of your product liability case.
At Arash Law, our product liability and injury attorneys work on a contingency fee basis, which means attorneys’ fees are only collected if there is a recovery. We will review the details of this arrangement and discuss any costs with you.
To get started, fill out our “Do I Have A Case?” form. One of our lawyers will review your case and follow up with you after receiving your information.
What Do Walmart Product Liability Attorneys Do
Suing a well-known giant chain store can be intimidating. That’s where our team at Arash Law can provide guidance. Our California Walmart product liability lawyers have experience navigating product liability cases involving large retailers.
In a Walmart product liability case, attorneys typically:
- Conduct an Investigation — Aside from knowing the product’s defect, we also want to focus on knowing why it was on Walmart’s shelves. We can investigate whether the retailer is aware of the defect.
- Document & Quantify Losses — Lawyers can document and carefully quantify total damages to establish a baseline for potential compensation. We can use medical and police reports, along with bills and invoices, to prove damages.
- Handle Negotiations — We can handle all the negotiations on your behalf, presenting the value of the case and reviewing settlement options. This approach may reduce the stress of handling complex negotiations alone.
- Proceed With Litigation — We can take your case to court if a fair settlement cannot be reached.
Why Hire Our California Walmart Product Liability Lawyers
Our California Walmart product liability lawyers here at Arash Law are no strangers to product liability claims. They have experience handling these types of cases and understand how to address claims involving large companies.
A lawyer can guide your product liability claim. They can help you understand the process, gather evidence, and navigate legal procedures that may arise in cases involving large retailers.
In the worst-case scenario, you may be grieving the loss of a loved one. We understand how mentally, emotionally, physically, and financially challenging such situations can be. Some people may hesitate to pursue legal action in cases involving large corporations, but an attorney can provide guidance on potential legal options. Our team has experience representing families in wrongful death claims.
We manage the legal processes on your behalf so that you can focus on healing. We can also provide information on potential financial issues that may arise after an accident. Our goal is to provide clear information and guidance so you can make informed decisions throughout your product liability case.
$2,500,000.00
Our client was parked on the side of the road and was struck by the defendant driver traveling at a high rate of speed
– Arash Khorsandi
Walmart Recalls And Safety Standards
High-Powered Magnetic Balls Recalled Due To Ingestion Hazard
Walmart recalled 5mm magnetic ball sets that posed ingestion and choking hazards. According to the Consumer Product Safety Commission (CPSC), the sets contained one or more magnets fitting the small parts cylinder. The magnets are also stronger than permitted.
Swallowing these magnetic balls is dangerous because they can attract each other or other metal objects. They can block the digestive system and/or twist the intestines. Other dangers include perforations, blood poisoning, infection, and death. The CPSC already issued several warnings for tiny magnetic balls after seven deaths (Source: CNN).
Consumers are advised to stop using the magnetic balls immediately. Ensure that they are out of reach of children and animals at all times. They can contact Joybuy at (302) 426-4543 to receive a pre-paid label to return the item and receive a full refund.
BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders Due To Fire And Laceration Hazards
Millions of BlendJet portable blenders were recalled due to reports of overheating and catching fire. Forty-nine minor burns and one laceration injury have also been reported.
Furthermore, according to the CPSC, the firm has received around 329 reports of the blades breaking while in use. Consumers are advised to stop using the recalled blenders immediately. They can contact BlendJet for a replacement base unit.
Empower Brands Recalls Power XL Dual Basket Air Fryers Due To Burn Hazard
The plastic U-Channel connector used to link the two food baskets inside the air fryers can break in use, posing burn risks. Three reports of burns have been made regarding this as well. Consumers are advised to stop using the dual-basket air fryers immediately. They can contact Empower Brands for a full refund.
Vornado Expands Recall To Include Additional 1.75 Million Steamfast Travel Steam Irons Due To Fire, Burn, And Shock Hazards
The item had been recalled because the power cord near the cord brushing can get damaged, leading to overheating. It poses fire and burn hazards. It also poses a shock hazard as the damage can result in exposed copper wires.
Vornado has received 74 reports of the incidents. There were an additional 18 reports of the power cord sparking, smoking, overheating, getting damaged, or catching fire. Two reports were of minor shocks.
Consumers are advised to stop using the iron immediately. They can visit the Steamfast or Vornado websites to register for the recall. They can either get a refund or a replacement iron.
Wet & Forget USA Recalls 2.7 Million Bottles Of “Xtreme Reach” Outdoor Mold & Mildew Stain Remover With Hose End Nozzle Due To Risk Of Skin And Eye Irritation
The nozzle clip at the end of the hose can get dislodged. This causes the cleaning solution to spray on users, posing risks of skin and eye irritation.
The company has already received 3,188 reports of the nozzle insert dislodgement. There were also 157 reports of exposure to the cleaning solution. In addition, there were 28 reports of skin and eye irritation following the exposure.
Consumers are advised to stop using the cleaning solution immediately until the replacement nozzle has been installed. They are also advised to discard the original nozzle.
Generac Recalls Portable Generators Due To Serious Fire And Burn Hazards
The rollover valve of the generator can fail to vent the fuel tank adequately. As a result, the gas tank builds up excess pressure and releases fuel when opened, posing a fire and burn hazard.
Generac has received 29 reports relating to the issue. There were also three incidents causing severe burn injuries. Consumers are advised to stop using the generators immediately.
You can reach out to California product liability lawyers if a recalled Walmart product caused your injuries. They can provide information on potential legal options related to losses from the accident.
What Should Parents Do If Their Child Is Choking On Walmart’s Magnetic Balls?
Stressful situations cause panic, and nothing is more stressful than seeing your child choking. Parents are encouraged to stay as calm as possible. Try asking the child to cough, as this can often expel what is blocking their throat. You can also perform the Heimlich maneuver to help remove the magnetic ball.
Have someone call 911 while you are trying to dislodge the stuck magnetic ball. Have them update the dispatcher on the progress. If the child passes out, quickly inform the 911 dispatcher.
Here are the steps you need to follow according to Stanford Medicine:
- Stand behind the child and wrap your arms around their waist.
- With one hand, make a fist with the thumb facing inward. Put your fist just below the chest and above the navel.
- Grab your fist with your other hand.
- Quickly push upwards into the abdomen. This motion can help expel the magnetic ball. Repeat this inward and upward thrust until the object is removed.
- Bring the child to the doctor even if the magnetic ball has been taken out. There is a chance that they have swallowed other pieces.
Helping A Choking Infant
Call 911 as soon as you see your infant choking, especially if they can no longer breathe, cough, or make sounds. Then, place the baby face down on your forearm. Make sure your arm is resting on your thigh. Use the heel of your hand to give the baby five quick, forceful blows between the shoulder blades.
If this does not work, turn the baby on her back. Make sure the head is lower than the chest. Then, place two fingers in the middle of the breastbone below the nipples. Press inward rapidly five times.
Continue the sequence of five blows to the back and five chest thrusts. Do this until the magnetic balls are out or the child passes out. If they lose consciousness, tell the 911 dispatcher immediately. If the magnetic balls have been removed, bring them to the doctor quickly to be checked.
Never put your fingers into the infant’s mouth unless you see the magnetic balls and can pull them out. Otherwise, you risk pushing the balls further in.
To learn about potential legal options for your child’s injuries, you may contact a California product liability lawyer.
Signs You Should Look Out For
As much as possible, do not let a young child play with choking hazards. Small toys like the recalled magnetic balls can be easily swallowed and stuck in your child’s throat.
Here are signs that your child might have swallowed something and is in distress:
- Gagging
- Coughing
- Drooling
- Trouble swallowing
- Trouble breathing
- Chest pain
- Stomach pain
- Bathroom issues
- Vomiting
BlendJet Recall – How To Prevent Fire and Laceration Hazards
The BlendJet blenders have become popular over the years due to their convenience. However, some had been recalled for safety issues. You can follow these steps to prevent fire and laceration risks:
- Follow the Instructions — Each portable blender usually has instructions included in the pack. Although using a portable blender is easy, it’s still important to read the instructions first. You might need a specific wattage or power source for the product. Exceeding the requirement can cause overheating, which poses fire risks.
- Inspect the Blades Every Time You Use Them — Make sure they are correctly attached to the housing or the jar. Check if there are signs of wear and tear. If there are cracks anywhere on the blades, replace them immediately. Also, use the blender with the cover. In case the blade breaks, the cover could protect you from getting cut by the broken blades.
- Avoid Overloading Your Portable Blender — Blenders come with clear instructions on the packaging about the maximum volume they can process at a time. Check the box or the instructions for the recommended load. If you need to blend more, it is best to do separate loads.
- Check Updates on the BlendJet Recall — You can check CPSC or BlendJet’s websites.
You may contact California Walmart product liability lawyers if the BlendJet you bought from Walmart caused an injury. It’s important to address any safety concerns and understand your legal options related to medical expenses or other impacts from the incident.
What Should You Do When You Suffer A Burn Injury From Empower Brands’ Power XL Dual Basket Air Fryers?
You might have been excited to use the dual-basket air fryers you got from Walmart. However, upon use, a component broke, and it caught on fire. The injuries you get from such situations can be severe.
Getting immediate medical attention is essential. Call 911, go to a safe location if you can, and perform first aid. Remove jewelry, belts, or pieces of clothing around the burned area. According to the Mayo Clinic, burn wounds can quickly swell. So, you do not want anything restricting it.
If you sustain a major burn, cover it lightly with a gauze or clean cloth to avoid infections. Then, raise the wounded area above the heart level if possible.
For minor burns, run the wounded area under cool water for about 10 minutes. Never use cold water because it can further damage the skin. Do not break the blisters to avoid infection. You can then use a mild lotion on the area. Lotions with aloe vera and cocoa butter are perfect for preventing the skin from drying.
If your Walmart purchase has caused you injuries, do not hesitate to contact experienced California Walmart product liability lawyers. They can help you file a claim within the state’s statute of limitations.
Steps You Can Take To Seek Compensation From Walmart For Damages
Did a defective Walmart product cause injuries to you or a loved one? If your answer is yes, you may be able to seek compensation from the retail giant for damages. To do this, you need to gather and preserve evidence. But be sure your safety and health come first.
Here are the steps you can take after the accident occurs:
- Remove yourself, your family, and anyone else at risk from the dangerous situation. Your well-being should always be your priority.
- Report the incident to the authorities. Whether the accident happened within Walmart or in your home, the police should be called. This way, they can create a police report that will be essential evidence for your claim. Police reports create a full view of the incident, including the eyewitnesses’ versions.
- Seek medical attention immediately. Even if the injuries seem minor at first, you will never know their full extent without a doctor. Furthermore, your medical reports will also be relevant in your case.
- Gather evidence. Only do this if you are able and if the situation is safe. Take pictures and photos of the product and the aftermath of the incident. Also, capture your injuries and other damages from the accident. If there were witnesses, make sure you get their account of what happened. Then, get their contact details and names.
- Contact Walmart and report the incident. However, do not admit fault or enter into any dialogue with them. Never accept any quick offers they make or sign anything.
- Contact a California Walmart product liability lawyer. The sooner you do this, the sooner you can start a claim against the company.
Suing The Responsible Party In A Walmart Product Liability Case
Suing may be your only option if you have only found a product’s defect after it injured you. However, product liability lawsuits tend to be more challenging. For one, multiple defendants are expected in these cases. Walmart is just one of them for selling you a defective product. There are other responsible parties along the manufacturing and distribution chain.
Moreover, you might not be the only victim. This is common if the product is mass-produced, like most products sold at Walmart. Instead, you become part of a mass tort litigation or class-action lawsuit where plaintiffs come together.
This adds another layer to the complexity of a Walmart product liability claim. You may be navigating a case that involves multiple parties. Consulting California lawyers who handle Walmart product liability cases can provide guidance on the process and help you understand your options. They can assist in coordinating the necessary steps, which may allow the claim to receive proper attention.
How To Sue Walmart For Personal Injury
Walmart slip-and-fall accidents or falling merchandise can seriously hurt shoppers. These instances are often caused by hazardous conditions that employees fail to address in time. In these cases, Walmart may be held responsible for the injuries sustained by the victim if negligence is proven in court. For example, there is a spill on the floor. An employee knows about it but fails to mark it so that the shoppers are aware. Then, a customer slips and hits their head, leading to a head trauma.
If you were injured in any avoidable accidents at Walmart, you may have grounds to pursue a personal injury claim. Consulting a personal injury lawyer can provide guidance on the legal process, including handling paperwork, negotiations, and understanding potential issues related to negligence.
Under premises liability law, property owners may be held responsible for accidents and injuries that occur on their property. In a case involving Walmart, a lawyer can help demonstrate how the elements of negligence may apply, including:
- Duty of Care — Walmart has a responsibility to take reasonable steps to protect customers. As long as you are in a public area of the store, the applicable rules and laws apply to you.
- Breach of Duty — Walmart failed to do that duty. Since an employee knew about the hazard, they should have addressed it properly. They are also responsible for knowing if there are hazards posing risks to their guests.
- Causation & Injury — You suffered an injury because of that failure. That is why getting medical attention is essential. Medical reports document the timeline and nature of your injuries.
Magnetic Toy Balls
Meanwhile, the issue with Walmart’s magnetic toy balls falls under product liability laws.
All parties along the chain of manufacture of any product may be responsible for product liability. This is according to the Cornell Law School’s Legal Information Institute. The company that designed and manufactured the product for the retailer can share the fault. In this case, Walmart is the retailer and can be held liable for any injuries or death caused by the magnetic balls.
Moreover, product liability claims are based on three things:
- Negligence — The failure to exercise the level of care that a reasonable individual would have exercised under similar circumstances.
- Strict Liability — Defendants can be held liable regardless of their intent or knowledge.
- Breach of Warranty — If a product fails to meet certain performance or quality standards, the seller or manufacturer may be held responsible.
Product liabilities are generally considered strict liability. A defendant may be held liable if the plaintiff can prove that the product is defective. This is regardless of whether the defendant intended for it to be defective or not. It does not matter whether the manufacturer or supplier exercised great care when developing the product; if any defects cause harm, they will be held responsible. Contact our California Walmart product liability lawyers if these magnetic toy balls have injured you or someone you love.
What Constitutes A Product Liability Case?
Product liability refers to the liability that manufacturers and sellers have when a defective product injures a user. To prove a product liability case, the injured party and their California Walmart product liability lawyers need to establish the following:
- There was some form of defect with the product.
- The plaintiff used the product as it was intended to be used.
- The product defect caused harm to the plaintiff.
- The plaintiff suffered losses from the injury caused by the defective product.
Types Of Product Defects
In a product liability case, the plaintiff must prove that the product that caused the injury was defective. They also need to prove that the defect rendered the product unreasonably dangerous. A manufacturer or supplier may be liable for injuries caused by three types of defects:
- Design Defects — Despite the manufacturer’s best efforts, certain products remain unsafe. A risky design situation may render the product inherently unsafe. For example, a toy might be safe for use when it is newly bought. Weeks later, after being played with as intended, the arm breaks off due to a weak movable shoulder joint. It has now become a choking hazard due to this broken part. Although the toy was manufactured according to its design, the initial specifications were insufficient.
- Manufacturing Defects — This happens when the design is safe, but the manufacturing is not done correctly. For example, a toy’s small pieces were not secure enough. These can become a choking hazard since they can easily fall off.
- Marketing Defects — This pertains to flaws in how a product is marketed. This includes improper labeling, a lack of adequate warnings, and insufficient instructions. For example, if a manufacturer fails to disclose the harmful side effects of a dangerous drug, or if a product lacks clear instructions for safe use, consumers may suffer injuries or illnesses as a result.
Our California Walmart product liability lawyers can review your case to help identify whether a product defect contributed to your injuries. Establishing that the product is defective is the first step to building a case. This also gives your claim more credibility.
How To Sue If A Defective Walmart Product Injured You
You can sue multiple defendants in a product liability case simultaneously. This is what typically happens if you are adamant about suing Walmart for product liability.
- Consulting California Walmart Product Liability Lawyers — Speaking with experienced attorneys can help you understand the legal process. During a consultation, you can ask questions regarding your situation. Lawyers can evaluate your case and offer options on possible next steps.
- Filing a Notice of Intent — A lawyer can assist with preparing and managing the necessary paperwork. This includes filing a Notice of Intent. This is a formal notice sent to the defendants indicating your intent to sue. It is an essential part of the process. Walmart and the other defendants will respond to the notice within a designated time frame. During this time, there may be attempts at negotiation. It is possible that all involved parties can reach a settlement at this stage.
- Filing a Lawsuit — If negotiations do not push through, your Walmart product liability lawyer will proceed with a lawsuit. The draft will include allegations made against the defendants and the details of the injuries sustained because of the defective product. Other information, such as damages incurred, will also be included.
California Walmart product liability lawyers can manage many aspects of the legal process on your behalf. They will handle the legalities so that you can focus on recovery.
Available Walmart Product Liability Compensation
Compensation in product liability claims refers to the economic and non-economic damages the victims received. The amount of compensation will depend on these factors.
Economic damages refer to the financial losses the victims experience or will experience. These include medical expenses, loss of wages, loss of potential earnings, and property damages. They can be proven via bills, invoices, and receipts.
Non-economic damages refer to the intangible losses incurred by the accident. These include pain and suffering, diminished quality of life, loss of consortium, and mental distress.
Working with California Walmart product liability lawyers can provide guidance on the claims process. We can assist with negotiations and help you understand the factors that may affect potential compensation.
Other Types Of Product Accidents And Incidents In Walmart
Defective products are not the only cause of injuries related to Walmart. Here are the following types of accidents that can happen within Walmart’s premises:
- Slip-and-fall accidents due to improperly maintained floors, spilled liquids, etc.
- Shopping cart accidents.
- Parking lot accidents, including vehicle collisions and pedestrian accidents.
- Fallen merchandise from shelves.
- Assault and other violent acts due to insufficient security measures.
Walmart Defective Product Liability FAQs
I Suffered From Severe Injuries Related To My Walmart Accident. Can I Recover Medical Expenses?
You may be able to pursue recovery of medical expenses if Walmart is found legally responsible. Besides medical bills, you can also get compensation for property damages, loss of wages, loss of capacity to earn, pain and suffering, and emotional and mental distress. Our personal injury lawyers can help you identify which damages can be covered and provide an assessment of your case based on the specific facts.
My Child Was Injured By A Toy We Purchased At Walmart. Is The Store Responsible?
This is a tricky question because product liability claims against retailers are challenging. Certain factors in your case can change the course of your case. For example, if the toy was recalled, but Walmart continued to sell them, it can be held partly liable. To determine if you can sue the chain store for the injury, it is advisable to consult California Walmart product liability lawyers.
How Do I Know If I Have A Viable Case Against Walmart?
The plaintiff must prove that Walmart is negligent and that negligence caused their injury. For premise liability cases, the accident should also be proven to have happened within Walmart’s premises. Product liability cases against Walmart are more complex than claims against smaller establishments. In these cases, talking to California Walmart product liability lawyers is recommended. They are well-versed in product liability laws in California, so they can assess if your case is viable.
Does Federal Or State Law Govern Product Liability?
There is no federal rule surrounding product liability. State laws regulate these claims, and lawyers bring them under theories of negligence, strict liability, or breach of warranty. In these cases, your California Walmart product liability attorneys have to file a lawsuit in state court. It also follows the state’s statute of limitations, which is two years from the date of the injury.
What Should I Do If Walmart Contacts Me?
After an incident, Walmart or its insurance adjuster may reach out to gather information about the case. They might ask questions, request details, or seek permission to record your statement. What you say can affect your claim, especially if statements are unclear or incomplete.
Having a lawyer communicate on your behalf can help manage these interactions. An attorney can review requests, handle negotiations, and guide you on what information to share. If contacted directly, inform Walmart or its insurer that legal counsel represents you.
Consult Our Experienced Walmart Product Liability Attorneys In California
Any retailer should be extra careful with what they put out on the shelves. Mass production can have lapses in quality control. Besides damaged goods, defects are also common. The best-case scenario is that people will just have to return the product they bought to Walmart. However, injuries and fatalities due to defective products are not unheard of.
Arash Law can handle claims involving Walmart, so you do not have to. We work to present information and evidence in a way that supports your claim within the legal process.
Regardless of Walmart’s size, we are prepared to pursue your case. What matters is protecting the legal rights of our clients.
Contact us at (888) 488-1391. During the onboarding process, you can ask questions or share your concerns. Our California Walmart product liability lawyers are ready to answer them and share our knowledge with you.
