We trust that the products we buy and use are safe. Unfortunately, tens of thousands of people are injured every year by defective and unsafe products. Whether the injuries are temporary or permanent, they are nevertheless painful, and treatment of those injuries can leave a victim financially crippled. Although many people do not realize it, consumers are afforded great protection in California. If you have been injured by a dangerous product, you have the right to recover compensation. A San Diego product liability lawyer can help you.
Berman & Riedel, LLP, has recovered over $100 million on behalf of injured clients. Our defective product lawyers are prepared to give you the aggressive representation you deserve. Call our law office today for a free consultation with a San Diego product liability attorney to discuss your case and take the next steps.
What Is the Product Liability Law in California?
Product liability refers to a company's legal obligation to make its products safe for consumer use.
When a dangerous or defective product causes harm to a consumer, the manufacturer and others in the supply chain can be held responsible for the resulting injuries. California's product liability law holds manufacturers, retailers, and others strictly liable for injuries caused by defective products, even if they were not negligent.
How A San Diego Product Liability Lawyer Can Assist You With Your Claim
Product liability is one of the most complex areas of personal injury law. These cases require a great deal of investigation into the cause of the accident. A San Diego product liability lawyer at our law firm consults with industry experts, engineers, accident reconstruction specialists, and medical professionals to determine whether the product is unreasonably dangerous.
Our experience in product liability litigation has taught us that a strong product liability case can only be built upon a thorough investigation into the cause of the accident, a complete understanding of the intricate laws governing product liability, and attorney diligence.
At Berman & Riedel, LLP, our San Diego product liability lawyers have routinely obtained the maximum recovery possible for our product liability clients.
Have you or a loved one been injured by a defectively designed or manufactured product or due to the manufacturer's failure to warn of the dangers associated with the product? Berman & Riedel, LLP, offers the experience and skill necessary to handle your injury claim and protect your legal rights. Contact a San Diego injury attorney at Berman & Riedel, LLP, to discuss your legal options.
Types of Product Liability Claims
Product liability litigation can involve three types of defects. Our San Diego product liability lawyers may file a lawsuit against the responsible parties for defects in the manufacturing process, defective design, or failure to provide adequate warnings.
Defective Product Design
A design defect occurs when a product is inherently unsafe due to its design, even if manufactured correctly. In California, a product has a design defect if:
- It fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable way, or
- The inherent risks of the product outweigh the benefits of the design
If you have been injured by a product with a defective design, a San Diego product liability lawyer can help you fight to secure the compensation you deserve.
Manufacturing Defect
A manufacturing defect happens when a product is not made according to its design, making it dangerous. This can occur during the manufacturing process due to errors or poor-quality materials. Under California product liability law, manufacturers and others in the supply chain can be held strictly liable for injuries caused by these defects. If you have been harmed by a product with a manufacturing defect, a San Diego product liability lawyer can help you pursue compensation.
Marketing Defects (Failure to Warn)
Marketing defects arise when a product lacks adequate warnings or instructions about its dangers. Manufacturers must adequately warn consumers about potential risks. If they provide inadequate instructions or fail to warn about a product's dangers, they can be held liable for resulting injuries. A San Diego product liability lawyer can assist you in holding these companies accountable.
Examples of Defective Products
Our San Diego product liability lawyers handle all types of defective product cases. Common examples include:
- Automotive parts including airbags, seat belts, tires, and brakes. These defects may cause a car accident or fail to prevent serious injury in a crash.
- Defective medical devices, such as implants and prosthetic devices
- Dangerous drugs
- Dangerous household appliances like coffee makers and space heaters
- Consumer products that pose a fire hazard, such as bedding, clothing, and furniture
- Dangerous power tools and equipment
- Dangerous children's toys that pose a choking hazard or contain lead
- Defective sporting goods and helmets
If you have been hurt by a dangerous product, contact a San Diego product liability attorney at our law office today for a free case evaluation.
Common Injuries Caused by Defective Products
Dangerous products can cause serious or permanent injuries to innocent consumers. These injuries can range from minor to catastrophic injuries that result in permanent disability. At Berman & Riedel, LLP, we represent clients who have suffered a defective product injury, such as:
We are committed to seeking maximum compensation on your behalf to secure your quality of life and future. Call Berman & Riedel, LLP, today for a free case consultation with a San Diego product liability lawyer.
Who Can Be Held Liable for Product Liability?
In California, multiple parties can be held liable for defective products. This includes:
- Manufacturers
- Distributors, suppliers, wholesalers
- Retailers
Companies responsible for designing, producing, or selling a defective product can be held accountable for injuries. These companies may be held liable for dangerous products even if they were not negligent.
An experienced attorney can help identify all liable parties. Our San Diego product liability lawyers are skilled in pursuing claims against all responsible entities to ensure you receive fair compensation.
Individual Product Liability Lawsuit vs Class Action Lawsuit
When harmed by a defective product, you can file an individual lawsuit or join a class action. Individual lawsuits focus on your specific injuries and damages, allowing for personalized compensation. Class action lawsuits involve multiple parties with similar claims against the same defendant. While class actions can be efficient, they may result in lower individual compensation. This type of action is usually best when many people suffer fairly minor injuries.
A San Diego product liability lawyer can advise on the best approach for your situation.
How Do You Prove a Product Is Defective?
To prove a product is defective, your lawyer will gather all the evidence related to the product's defect and the circumstances surrounding your injury. This may involve:
- Expert testimony from product design specialists, human factor specialists, biomechanical and industrial engineers, and other experts.
- Product testing
- Reviewing the product's design and manufacturing process
A San Diego product liability lawyer will guide you through this legal process.
Proving a Product Liability Claim Based on Strict Liability
A product liability claim can be brought based on negligence. Proving negligence requires showing the manufacturer owed you a duty of care to create a safe product, breached this duty by failing to exercise reasonable care, and your injury was a direct cause of this breach.
However, most product liability cases are based on strict liability. This is generally easier to prove and does not require that the manufacturer was negligent.
In California, you can pursue a product liability claim under strict liability, meaning you don't need to prove negligence. These cases focus on the dangerous or defective product itself, not the conduct of any business entities involved in its design, manufacture, or sale.
To establish strict liability, you must show two important elements:
- The product was defective. You must demonstrate the product had some type of defect that made it unreasonably dangerous to use as intended or for another reasonably foreseeable purpose.
- Causation. You must show that the defect was the direct cause or substantially contributed to the injuries you suffered.
You will also need to demonstrate that you used the product in a way that is consistent with either the intended use or in a reasonably foreseeable way. Manufacturers must create products that are reasonably safe not just for the specific intended use but also for predictable misuse.
For example, a ladder must be designed in a way that is safe to use as intended. However, manufacturers should anticipate that consumers may use the ladder incorrectly, such as leaning it against a wall at an unsafe angle. They should provide adequate warning about these risks.
A San Diego product liability lawyer can help you navigate this process and hold the responsible parties accountable.
Damages You Can Recover in a Product Liability Case
Personal injury cases allow injured consumers to pursue compensation for many types of damages. These damages are intended to make you as whole as possible and give you the financial resources to pay for future expenses related to your injury.
There are two types of damages you may recover in a product liability settlement.
Economic damages include financial costs associated with your injury, such as:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced or diminished earning capacity
- Out-of-pocket expenses that are reasonable and necessary
Non-economic damages compensate for physical pain and suffering, emotional and mental anguish and distress, disfigurement or scarring, and reduced enjoyment of life.
In a case involving wrongful death, damages can include funeral expenses, lost income and financial support, and loss of consortium and companionship. These damages can be awarded through a wrongful death action and a separate survival action.
In some cases, punitive damages may be awarded to punish gross negligence or malice. These damages may only be awarded by a jury if your case goes to trial.
An experienced San Diego product liability lawyer can help you understand the financial resources available and fight for the compensation you deserve.
Results We Have Achieved for Clients Injured by Defective Products
The San Diego product liability lawyers at Berman & Riedel, LLP, have achieved life-changing settlements and verdicts on behalf of clients injured by dangerous products. Below are examples of case results we have achieved.
- $6.8 million: A young professional athlete died after a defective tire blew out and caused the vehicle to veer off I-10 and roll several times.
- $2.5 million: Negligence and product defects caused two workers to suffer severe burn injuries in an explosion while refueling propane-fueled forklifts.
- $275,000: An elderly person suffered severe injuries caused by a defective escalator in a department store. The city had issued a red tag on the escalator and ordered it removed from service, and the store had been cited nine times for safety violations. The elevator service company and store knowingly placed it back into service without fixing the defects.
- $225,000: A man suffered third-degree burns from a chemical explosion caused by vapors from a newly applied epoxy floor igniting. The floor had not hardened because the manufacturer had mislabeled containers, and the epoxy did not contain a catalyst.
What Is the Statute of Limitations to File a Product Liability Lawsuit in California?
You generally have just two years from the date of injury to file a product liability lawsuit in California. There are some exceptions to this statute of limitations. The deadline may be tolled or paused if the injured party is a minor. You may have additional time if the injury is not discovered right away. You may have up to one year from the date of discovery.
It's important to consult with a qualified personal injury attorney as soon as possible to protect your claim and right to compensation.
How Long Is a Company Liable for a Product?
California does not have a statute of repose on product liability. This means manufacturers and other companies can be held liable for dangerous and defective products even many years after they have been sold or manufactured as long as a plaintiff can prove the product was actually defective when it left the company's control.
If you have any questions about a potential defective product claim, schedule a free consultation with a San Diego product liability lawyer today.
Schedule a Free Consultation With a San Diego Product Liability Attorney
If you or someone you love has been injured by a defective product, an experienced product liability attorney at Berman & Riedel, LLP, is here to help. Our product liability law firm has a proven track record of securing significant recoveries for our clients. Contact our law office today for a free case evaluation. A San Diego product liability lawyer from our team will discuss your case and guide you through your legal options.
