Every time you purchase a product, whether for food, work or transportation, you expect it to work safely. But the same products you expect to help you and make your life easier and safer can potentially put you in danger and cause grievous harm if they malfunction.
Defective products could cause fires, severe injuries, illness and even death. If you suspect you or a loved one have been the victim of defective products in Santa Ana, consider hiring the Attorney Jeff Injury Lawyers product liability team to help you understand your legal options and seek compensation.
Types of Product Liability Claims
Defective product liability claims fall under three categories depending on how dangerous the product is. The type of product liability claim you file will affect various aspects of the lawsuit.
Claims under this category apply to poorly designed products from the manufacturer. These can be flawed child products like car seats for babies, vehicles, and ineffective safety equipment. Design defects claims are common with medical devices and the lithium-ion batteries used in e-cigarettes. An example of a design defect would be a space heater that overheats and catches fire after extended use. If the product’s design is faulty, it may give grounds for a lawsuit.
Manufacturing defects occur when the product is being made. This could be during manufacture, assembly or distribution. The defect causes the product to be unsafe. An example of a manufacturing defect is a batch of prescription medicine that has an accidental contamination with a hazardous chemical during production.
Failure to warn
Improper marketing techniques, including the omission of essential instructions about how to use the product, could mean the manufacturer is liable for failure to warn the consumer about the potential hazards. Label requirements vary depending on the industry. But such requirements can include recommendations for the correct product usage, without which the product could cause severe injuries and even death to the consumer.
Manufacturers are the best positioned to understand the best applications and uses of the products they design, make and market. Therefore, they can be held liable for injuries caused by their product.
Examples of Commonly Defective Products
Our Santa Ana product liability attorneys have experience handling different types of defective products like the following:
- Cars, trucks and other types of vehicles
- Medical devices (implants, pacemakers, hip replacements, blood clot filters, prosthetics, stents, surgical instruments, surgical robots, transvaginal mesh)
- Car safety equipment like car seats
- Baby loungers
- Household appliances (microwaves, toasters, and dishwashers)
- Prescription drugs
- Press machines
- Fire extinguishers
- Children’s toys
State Laws Regarding Product Liability Cases
If you or your loved one suffered injuries from a defective product, it’s essential to know that the law is on your side. You should familiarize yourself with the legal requirements to give yourself the best chance of proving your cases.
California State law establishes a 2-year statute of limitation to file a personal injury claim and three years for a property damage claim.
With defective product claims, you don’t have to prove the company’s negligence. You only need to prove that the product had a defect and that the injuries or damage are a result of the defect.
The State of California follows a comparative negligence system which means if you’re found partially culpable, your recovery will be reduced by the percentage of your fault.
Strict Liability Vs. Negligence Statute
Once you file your product liability case in Santa Ana, you could be eligible for recovery based on one of these two legal theories:
Strict product liability
This applies if the item contains a defect, in which case the manufacturer, distributor or seller of the item is strictly liable to anyone the product injured. This is regardless of whether the defendant did everything possible to prevent the defect.
This legal theory applies when the manufacturer breached a duty of care to the customer resulting in injuries. Under this statute, you must show that the defendant owed a duty of care and breached it. You also have to show that this breach caused the plaintiff’s injury or injuries.
How Much is Your Product Liability Case Worth?
Every product liability case is unique. You need to go over the facts of the case with our product liability attorney and other experts to determine how much you can recover in your case.
Why You Need a Product Liability Attorney
Product liability lawsuits are complex, with many moving parts and often drag on for months. Working with an attorney representing your interests can drastically improve your chances of winning the case and maximize your recovery. Some of the ways an attorney can help you in the case include;
- Identifying the liable party
- Gathering the necessary and available evidence for the case
- Accounting for all the potentially available damages
- Steering you from making costly mistakes that could harm your case, like ignoring your doctor’s orders in some way which could lead to dispute.
Contact An Experienced Product Liability Attorney
If your loved one has been a victim of a dangerous product in Santa Ana, California, hire Attorney Jeff Injury Lawyers to help you with the claims process. Contact us for a free case evaluation and represent your interests in a potential lawsuit.
FAQs to Our Product Liability Attorneys
Should I join a class action or file an individual lawsuit?
This depends on the information available at the time of filing. If the attorney is aware of other similar injuries caused by the product, it may be worth looking into a class action. If you have unique injuries, a class action is not the right option.
What damages can I recover from a product liability lawsuit?
You can recover medical expenses, lost wages, pain and suffering, funeral expenses and punitive damage.