Each year thousands of people are injured in the United States due to defective products. Fortunately, individuals or companies responsible for these injuries are held accountable due to the product liability laws in the United States. Product liability cases are often complex and require an attorney with experience handling product defect cases. Our practice offers help to people throughout California, including Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco Counties. If you or someone close to you has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the product. We offer free consultations and do not charge a fee for our services unless your case is won. Call us today for your free case evaluation.
WHAT IS PRODUCTS LIABILITY LAW?
The law holds people or parties involved in the chain of manufacturing and distribution of any product responsible for any injuries or damages caused by that product. Aside from the actual manufacturer, other responsible parties may include distributors, retailers, repairers, assemblers, component suppliers and testing laboratories. Products liability claims can be based on negligence, strict liability, breach of warranty and various consumer protection claims. No matter where an injury has occurred, it must be proven that the product is defective in order to win a products liability case. Often times proving liability can be difficult which is why it’s important to choose an experienced product defect attorney to handle your case. There are three types of product defects that may render manufacturers and suppliers responsible:
- Design Defects (a flaw in the intended design of a product that causes it to be unreasonably dangerous)
- Manufacturing Defects (when the product does not conform to the specifications of the designer or manufacturer)
- Marketing Defects (improper product labels, insufficient instructions, or the failure to warn about a product’s hidden dangers)
EXAMPLES OF PRODUCT LIABILITY CASES INCLUDE:
- Motor Vehicle Defects including defective seat belts, tire defects such as a tire blowout, and unsafe SUVs resulting in SUV rollover injuries or death
- Defective Workplace Machinery such as nail guns, punch presses, and other construction or manufacturing equipment
- Dangerous Pharmaceuticals such as the pain relievers Vioxx and Bextra, diet pills and cholesterol drugs
- Medical Devices such as heart monitors, heart valves, and prosthetics
- Cosmetic implant surgeries including breast, penile and other cosmetic surgeries
- Lasik Eye Surgery
- Defective Boats, Airplanes, and Motorcycles
- Ovarian Cancer caused by Talcum Powders
Product liability is generally considered a strict liability claim. This means the degree of care taken by the defendant is not an issue. If there is a defect in the product that caused harm, someone will be held liable for it. If you’ve been injured due to a defective product, here are some important things to remember:
Keep the product and any documents and packaging that was included.
Identify as much information about the product as possible including the name of the manufacturer, model name and number, place, and date of purchase and serial number.
- Keep the product in a safe place where it won’t be touched.
- If the product is an automobile, make sure that you keep it. Make sure your insurance company knows also.
- Obtain information from any witnesses that may have been present (such as name, address and telephone number).
- Do not discuss the case with anyone other than an attorney.
We offer a free case evaluation and there’s no obligation if you call. If you’re wondering “What’s my product liability case worth?” or “Do I have a product liability case?” call us today for your free consultation. We take all product liability cases on a contingency basis, meaning you pay nothing unless we win your case.