California Product Liability Attorneys
It is the responsibility of both manufacturer and retailer alike to ensure that the products they provide are safe and reliable for the customers that they serve. This responsibility extends to both foreign and domestic manufacturers.
A manufacturer is also expected to protect their consumers from any foreseeable harm that a product may cause during its use. This means that manufacturer is responsible for testing and making necessary changes to their product before it enters the marketplace.
Liability claims against manufacturers are successful when proof can be provided that the product has caused harm or was not rationally safe for its intended purpose. If you've suffered an injury due to a product failure, call a legal expert from Wilshire Law Firm today at (800) 522-7274.
What Types of Product Defects Exist?
When you take your prescription drugs and drive to work in the morning, or when you hop on an airplane or sail away on a boat for vacation, you trust that these and any other products that you rely on will work as intended. Designers, manufacturers, retailers, and anyone else who handles a product before it reaches your hands has a legal duty to prevent foreseeable harm when consumers use their product. But defective products put consumers at significant danger of suffering horrific consequences--catastrophic injuries such as spinal cord injuries, traumatic brain injuries, burns, amputations, and wrongful death.
When a product liability claim is brought forward, it is classified under one of three basic categories:
- Defective Design—Even a product that is well-manufactured can be defective—if the product’s design itself is flawed. When the risk of harm while using a product is deemed to be greater than the possible benefits, a product’s design specifications are said to be defective. This extends to prescription drugs, medical devices such as implants and surgical meshes,
- Manufacturing Defect—Errors in the manufacturing process that alter a product from its intended design can create dangerous products that harm consumers. Included here would be dangerous products such as defective airbags or construction defects.
- Defective Marketing—Manufacturers are required to adequately warn consumers about the risks of using a product, along with providing instructions for safe product use.
In each case, there are many parties who could potentially be held responsible for a dangerous or defective product.
Who Can Be Found Liable?
Designers, manufacturers, distributors, retailers, and more in the chain of distribution are all possible culprits when a defective product harms a consumer. California evaluates most product liability cases with a Strict Liability rule, meaning that any entities involved in the creation, distribution, sale, and marketing of a consumer product can be named responsible, even if their actions did not negligently lead to the product’s defect; you must only prove that the product was defective and caused your injuries.
Overall, the following parties may potentially be found liable in a dangerous product or defective medical device case:
- Manufacturer (Both product and component parts)
- Independent Testing Laboratory
- Sales Representative
- Hospital, Clinic, or Doctor
When a product fails, victims and their families have their lives permanently altered. Loss of income, long-term medical care costs, pain and suffering—all occurring while victims are trying to heal from and move past their injuries. Wilshire Law Firm’s defective product lawyers allow victims to focus on healing while we utilize our technological and financial resources to get our clients the compensation they deserve.
Bringing a Product Liability Claim
Many product liability claims are assessed with a Consumer Expectation Test, which asks us to examine three things:
- Was the product used as intended or misused, but in a common way?
- Was the product unreasonably dangerous or defective?
- Were the victim’s injuries the result of the product’s defect(s)?
In practice, these questions help to identify what category a victim is likely to bring their product liability claim under—defective design, manufacturing defect, or defective marketing. Additionally, liability cases may center on whether the warnings and instructions provided with the product were sufficient enough to prevent consumer injury.
Californians who suffered injuries from a dangerous or defective product may be entitled by law to recover damages from the parties who caused their injuries. Economic Damages are awarded to cover past, present, and future monetary losses, including medical expenses, property damage, lost wages (both past and future), treatment and household services, and other out-of-pocket expenses. General or Non-Economic Damages account for the pain and suffering and emotional trauma that product liability victims and their families go through. In some cases, Punitive Damages designed to punish those involved in the chain of distribution are also awarded, in order to deter future wrongdoing.
Get Help From Wilshire Law Firm Now
Hiring an expert product liability attorney is any dangerous or defective product victim’s first step to securing the compensation they deserve as a victim. Don’t wait either—legal representation for your case should be sought sooner rather than later, as the statute of limitations for filing a product liability claim can be as short as two years from the date of injury.
The award-winning lawyers at Wilshire Law Firm possess the legal talent, along with the technological and financial resources you need to prove your case. Since 2007, we’ve successfully recovered hundreds of millions of dollars on behalf of our clients. Call us NOW at (800) 522-7274 to get started with your FREE case consultation.
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