PRODUCT LIABILITY
Have you been Injured Due to a Defective Product?
Product liability refers to a legal concept in which manufacturers, distributors, suppliers, and retailers are held responsible for any harm caused to consumers due to a faulty or defective product. To be held liable, a product must have either a manufacturing defect, a design defect or lack adequate warning or instructions that causes harm to the user or consumer. In California, there are strict laws in place to protect consumers and hold companies accountable for their products. These laws require manufacturers to ensure that their products are safe and to warn consumers of any potential risks or dangers. If a consumer is injured by a defective product, they may be able to file a product liability lawsuit to seek compensation for damages they suffered as a result of the defect.
Can I Sue for Product Liability?
A consumer that is injured by a product can sue if the product that caused the injury comports to one of the following three categories:
Defective Design
This happens if a product is inherently dangerous because the design wasn't safe. In defective design cases, courts in California use two tests to determine liability: the risk/benefit test, and the consumer expectations test. If technical issues regarding the feasibility of a design have to be considered -- for instance, cost, practicality, risk, and/or benefit -- the court must use the risk/benefit test. A product fails this test if there is a risk of danger inherent in the product's design that outweighs the benefits of that design. The consumer expectations test is used only when expert opinion is unnecessary to prove that the product fails to perform as safely as an ordinary consumer would expect when the product is used in an intended or reasonably foreseeable manner.
Manufacturing Defect
If a product is damaged, not assembled properly, or otherwise comes through the manufacturing process incorrectly, it could result in a manufacturing defect. If you’re claiming the product that caused your injuries was defectively manufactured despite the manufacturer having used the utmost care at all stages in the manufacturing process, your attorney will file a claim of strict liability for a manufacturing defect.
Lack of Adequate Warning or Instructions
Sometimes products are still dangerous, even if they were designed safely and manufactured exactly as expected, because the labels or packaging didn't provide sufficient warning to the consumer about possible dangers or incorrect use.
What If I Have No Evidence?
Many people who have suffered injuries due to defective products fail to take any action against those who manufactured and sold the product because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (design plans, manufacturing guidelines, etc.) from anyone involved, subpoena witnesses to testify, and even take the deposition of the higher ups of companies responsible for manufacturing and selling the product. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Product Liability cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for product liability must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. Before filing the lawsuit, an initial claim against the insurers of the manufacturer and retailer of the products must be made, in addition to gathering all of the injured client's medical records and bills in order to formulate a settlement demand. Because of the many and complicated deadlines involved in a product liability case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, product liability cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. Product liability cases may be strict liability if certain requirements are met and liability need not be proven. However, even if strict liability does not apply based on the facts and circumstances, an injured consumer can still recover on a negligence theory of product liability. The facts of the case are crucial. However, it is also crucial to have good and experienced personal injury lawyer that can take all necessary steps to maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.