California Walmart Product Liability Lawyers
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Expert California Walmart Product Liability Lawyers Who Provide Determined and Relentless Representation
Walmart carries a wide amount of mass-produced products, from food to toys. Unfortunately, defects are unavoidable in mass production. And yet, they still enter the market. Our expert California product liability lawyers will help you if a Walmart product is defective and injures you. Call us today 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 want to help you avoid making mistakes while pursuing justice. Most of all, we want to ensure you come out as the victor and get the compensation you deserve.
Here at Arash Law in California, headed by Arash Khorsandi, Esq., we believe in justice for everyone. Our California product liability and injury attorneys work on a contingency fee basis, meaning anyone can get quality legal representation, regardless of their background status. More importantly, we only get paid if you are paid.
Want to know if you have a case? Fill out our “Do I have a case?” form. One of our competent injury lawyers will review your case and contact you immediately.
How Our California Walmart Product Liability Lawyers Help You Get Maximum Compensation
Suing a well-known giant chain store can be intimidating. It is incredibly daunting for average people who usually shop at Walmart in order to save money. But that is where we come in. Our team here at Arash Law has decades of combined experience. We fight relentlessly for our clients, even if we have to face a company with seemingly endless resources. We use our extensive knowledge of product liability to establish fault.
One advantage of hiring our California Walmart product liability lawyers is that we will handle your case entirely. From handling paperwork and investigation to negotiation, our team will do it on your behalf.
We want you to get the maximum compensation, and we do that by:
- Conducting an intensive investigation. Aside from knowing the product’s defect, we also want to focus on knowing why it was on Walmart’s shelves. We will do an investigation on whether the retailer knows there is a defect. If so, why did they continue selling the product? Various questions need to be answered when pursuing a product liability case. But rest assured, our team will handle it correctly and with great attention to detail.
- Proving damages. We will prove and carefully quantify your total damages so we know the baseline of the compensation. We will use medical and police reports, along with bills and invoices, to prove damages.
- Negotiating on your behalf. We will handle all the negotiations on your behalf. We know the value of your case, so anything below it is unacceptable. You do not need the added mental distress of handling complicated deals.
- Taking an aggressive approach to litigation. We are ready to move things forward if we cannot reach a settlement appropriate for your loss.
Why Hire Trusted Walmart Product Liability Lawyers in California?
Our California Walmart product liability lawyers here in Arash Law are no strangers to product liability claims. We are well-versed in this area. Most of all, we know the best approach to handling cases against big companies.
Hiring a lawyer can prevent the downfall of your claim. Unfortunately, more prominent companies do not take every product liability claim seriously. This is especially the case if the victim does not have legal representation. You have better chances of succeeding with a competent attorney by your side.
In the worst scenario, you are left grieving for an untimely death. We know how mentally, emotionally, physically, and financially taxing the situation is. Many people do not even pursue legal action because they believe that it is impossible to defeat a large corporation. But we are here to tell you that it is possible. We have fought for grieving families in wrongful death claims.
We manage the legal processes on your behalf so that you can focus on healing. Our team cares for your holistic recovery. That includes bringing back your financial capacity to what it was before the accident.
Lastly, our California Walmart product liability lawyers are committed to results. We have won over $500 Million in compensation. You can also check our client testimonials and success record. We are confident in our skills and knowledge, and we also want you to feel confident working with us.
$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
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 is aware of 7 deaths caused by these magnetic balls.
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.
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.
The plastic U-Channel connector used for optionally linking 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.
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 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.
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. There were also 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.
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 3 incidents causing severe burn injuries. Consumers are advised to stop using the generators immediately.
Contact our California product liability lawyers with experience fighting Walmart if any of these recalled items caused your injuries. You may be entitled to compensation for the loss incurred by the accident.
What Should Parents Do If Their Child Is Choking From Walmart’s Magnetic Balls?
Stressful situations cause panic, and nothing is more stressful than seeing your child choking. However, parents should try to stay calm as possible. Instead, ask them to cough. Doing this can often expel what is blocking their throats. 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 for 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 onto the infant’s mouth unless you see the magnetic balls and can pull them out. Otherwise, you risk pushing the balls further in.
To determine if you can get compensation for your kids’ injuries, contact our California product liability lawyers.
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.
Call California Walmart product liability lawyers if the BlendJet you bought from Walmart caused you injuries. This should not be taken lightly. Your safety has been compromised. That is why you deserve compensation for your medical bills and trauma.
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 our experienced California Walmart product liability lawyers. They will 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 comes first.
Here are the steps you can take after the accident occurred:
- 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 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 an essential evidence for your claim. Police reports create a full view of the incident, including that of 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 skilled California Walmart product liability lawyers. The sooner you do this, the sooner you can start a claim against the company.
Suing The Responsible Party Of 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 are not just suing one big company, but you’ll also be working with other victims. That is why hiring experienced California lawyers specializing in Walmart product liability is essential to the case. Their knowledge in this area will allow your case to move forward. Companies are also more likely to take your claim seriously.
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 is responsible for the injuries sustained by the victim. For example, there is a spill on a 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 can sue them for personal injury. You should hire a personal injury lawyer to help in your case. They will handle all the legal processes required for the claim as well as the negotiations. Additionally, they will help establish negligence.
In premises liability theory, property owners are responsible for accidents and injuries on their property. Looking at the elements of negligence will help establish Walmart’s premise liability. Your lawyer will prove…
- That Walmart has a duty of care to protect its customers. As long as you are in a public area of the store, the applicable rules and laws apply to you.
- That 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.
- That 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 to 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 of fitness
Product liabilities are generally considered strict liability. A defendant is liable if the plaintiff proves 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 you or someone you love has been injured by these magnetic toy balls.
What Constitutes A Product Liability Case?
Product liability refers to the liability that manufacturers and sellers have when a defective product injures a user. If you were harmed because of a defective product, you may have a legal basis to pursue a product liability claim.
To prove a product liability case, the plaintiff and their California Walmart product liability lawyers need to establish the following:
- That there was some form of defect with the product;
- That they used the product how it was intended to be used;
- That the product defect harmed them; and
- That they suffered from 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, lack of adequate warnings, and insufficient instructions. For example, manufacturers did not include the harmful side effects of a dangerous drug. Because of the lack of adequate warming, people got sick when using it.
Our California Walmart product liability lawyers will help you determine what type of defect caused 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 – Hiring expert attorneys will increase your chances of winning the claim. During our free consultation, you can ask our lawyers questions regarding your situation. We will evaluate your case and offer options on what we can do next.
- Filing a Notice of Intent – A good lawyer will take care of every paperwork. This includes filing a Notice of Intent. This is a formal notice sent to the defendants indicating your intent to sue. It is a necessary 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 the 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.
Let our California Walmart product liability lawyers do the work for you. We care for your safety and well-being. Our team will handle all the legalities, so we want you to 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 wage, loss of potential to earn, 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 helps you get the maximum compensation. We will negotiate on your behalf and will not settle for lowball offers.
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 can recover medical expenses if Walmart is found to be negligent. Besides medical bills, you can also get compensation for property damages, loss of wage, 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 how much your case is worth.
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 know if you can sue the chain store for the injury, the best thing to do is consult California Walmart product liability lawyers immediately.
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 compared to claims against smaller establishments. In these cases, talking to California Walmart product liability lawyers is better. 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?
As of now, there are no federal rules surrounding product liability. These claims are based on state laws and are brought under theories of negligence, strict liability, or breach of warranty. This means 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?
The only moment you should be in contact with Walmart is when reporting the case. However, it is common for Walmart’s insurance adjuster to contact the victims. They will ask you about the case, often asking if they can record the conversation. They may also offer you a settlement, which is typically an insufficient amount. They will also say that they will compensate you but that they need more information about the case first.
This is their way of finding a way to make you settle for less. Sometimes, they also try to find holes in your story that can hurt your claim. For example, you might say something that sounds like you are blaming yourself. Or you could downplay your injuries, which will affect the award amount. They may sound friendly and understanding, but it is all part of their tactics. Their ultimate goal is to pay less or entirely avoid paying.
Politely decline and tell them you are working with an attorney. They will then have to direct their calls to your legal representative.
Consult Our Experienced Walmart Product Liability Attorneys in California Today
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 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 is ready to deal with Walmart, so you do not have to. Our team of expert lawyers will investigate your claims. We only use reliable and viable pieces of evidence that the court will accept. This ensures your claim is compelling and credible. We are here to represent you with competence and expertise. Our main goal is for you to receive what you deserve and come out as victors.
No matter how big Walmart is, we are ready to take them to court. No enemy is too big for us—what matters is that we are fighting for the legal rights of our clients. Giving you justice is what we are aiming for.
Contact us at Arash Law today at (888) 488-1391. We can start with your onboarding process, where you can ask us anything or voice out your concerns. Our California Walmart product liability lawyers are ready to answer them and share our knowledge with you.
