Defective Products Causing Injuries Lawyer

When a defective product causes a personal injury, You are entitled to compensation. Our firm has obtained millions of dollars for our clients who have suffered a personal injuries. If you were injured due to a defective product call us at 800-816-1529.

Defective products causing injuries are legally actionable. You may be entitled to substantial compensation for your injuries.

California’s best product liability attorneys

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• Yes, you can accomplish all of this with a single phone call to our law firm. Every effort is made to simplify the process for you.

Defective products expose consumers to a high risk of suffering catastrophic injuries, including spinal cord trauma, traumatic brain injury, burns, amputations, and wrongful death. A victim who suffers a catastrophic injury due to a defective product may file a claim for product liability.

Dangerous Product Defect Categories

When a claim for product liability is presented, it is classified into one of three basic categories:

• Design Defectiveness – If the product’s design is flawed, even a well-manufactured product can be flawed. When the risk of harm while using a product is deemed to be greater than its potential benefits, the design specifications of that product are deemed to be defective. This includes prescription medications, medical devices, and surgical meshes.
• Manufacturing Defect – Errors in the manufacturing process that deviate a product from its intended design can lead to the creation of hazardous products that cause harm to consumers. Dangerous products, such as defective airbags or construction defects, would fall under this category.
• Defective Marketing – Manufacturers are required to provide adequate warnings to consumers about the risks of using a product, product liability, and safe product use.
In each instance, multiple parties may be held liable for a dangerous or defective product.

Common Injuries Associated with Accidents Involving Consumer Products

Injuries resulting from consumer product accidents are frequently quite diverse, as the severity and type of injury depend on the malfunctioning product.

Here are some of the most common injuries associated with accidents involving consumer products:

Injuries caused by faulty automobile components (tires, seatbelts, airbags)

When vital components of a vehicle malfunction, they frequently cause serious or fatal injuries. When you get behind the wheel of a car, you place a great deal of faith in the vehicle’s manufacturers that it will function properly. When a component of your vehicle malfunctions, it can be terrifying and even life-threatening. Therefore, it is crucial to hold large automakers accountable for the suffering and damage they have caused.

Home appliance is on fire

Home appliances are among the most likely products to malfunction. Whether it’s a toaster or a water heater, defective home appliances can frequently cause severe third-degree burns! A product liability attorney can help you distinguish between the consumer’s fault and the fault of third parties.

Harmed by defective power tools

Sometimes the tools we rely on to repair and improve our homes can cause us or our loved ones serious bodily harm. Frequently, this is not the consumer’s fault, but rather the result of a product accident.

Sickness

A further “injury” caused by malfunctioning consumer products is consumer illness. Toys for children are a common example of this, as they may contain toxic levels of lead or phosphorus that can cause illness.

Under product liability law, the manufacturer is primarily responsible for their negligence and defective product.

Who Can Be Held Liable for an Injury Caused by a Defective Product?

Designers, manufacturers, distributors, retailers, and others in the distribution chain may be responsible when a faulty product injures a consumer.

The majority of product liability cases in California are evaluated under a ** *Strict Liability rule***, which means that any entity involved in the creation, distribution, sale, or marketing of a consumer product can be held liable, even if their actions did not cause the product’s defect; you must only prove that the product was defective and caused your injuries.

The following parties may potentially be held liable in a case involving a dangerous product or a defective medical device:

• Manufacturer (both product and components)

• Independent Testing Laboratory

• Distributor

• Supplier

• Sales Representative

• Retailer

• Hospital, Clinic, or Physician

When a product fails, the lives of victims and their families are irreparably altered. Loss of income, long-term medical care costs, pain, and suffering all occur as victims attempt to recover from their injuries and move on with their lives.

The defective product attorneys at The Law Office of Norman Gregory Fernandez allow victims to focus on healing while we use our technological and financial resources to secure the compensation our clients deserve in their product liability lawsuit.

How Can I Establish the Product’s Defect?

Numerous product liability claims are evaluated using the Consumer Expectation Test, which requires us to consider three factors:

• Was the product used as intended or in a common way that was not intended?
• Was the product excessively hazardous or flawed?
• Were the victim’s injuries caused by the faulty product?

In practice, these questions assist in determining which category a victim is most likely to file a product liability claim under: defective design, defective manufacturing, or defective marketing.

In addition, liability cases may center on whether the instructions and warnings included with the product were adequate to prevent consumer injury.

Recoverable Compensation in Product Liability Cases

The law may allow Californians who were injured by a dangerous or defective product to recover damages from the parties responsible for their injuries.

Economic Damages are awarded to compensate for past, present, and future monetary losses, such as medical bills, property damage, past and future wage loss, treatment and household services, and other out-of-pocket expenses.

General or Non-Economic Damages represent the pain and suffering and emotional trauma endured by victims of product liability and their families.

In some cases, punitive damages are awarded to punish those involved in the distribution chain and deter future wrongdoing and serious injury.

What to Do When Injured by a Defective Product

Obtain Medical Care

Your first and foremost objective should be to ensure that you and your loved ones are safe! Seek medical attention immediately. Even if the injury is minor, you should still seek medical attention so that your doctor can create an official record of your injuries (such proof will be crucial in your personal injury case!).

Check for a Recall Conduct a search to determine if there is a recall for your defective product. There should be instructions on the website for returning the recalled defective product, receiving a refund, or receiving a replacement product that is not defective.

Seek Legal Counsel

The first step in constructing a strong product liability case is to hire an experienced personal injury attorney. Contact The Law Office of Norman Gregory Fernandez today a leading California product liability attorney to have your case evaluated. 800-816-1529

How Our Los Angeles Product Liability Lawyers Can Help

Hiring an experienced product liability attorney is the initial step for any victim of a dangerous or defective product to obtain the compensation they are entitled to as a victim.

The statute of limitations for filing a product liability claim can be as short as two years from the date of injury, so you should seek legal representation for your case as soon as possible.

The award-winning attorneys at The Law Office of Norman Gregory Fernandez have the legal expertise, as well as the technological and financial means, to prove your case.

We have successfully recovered millions of dollars for our clients since 1997.

Call us IMMEDIATELY at 800-816-1529 to begin your FREE consultation with an experienced personal injury attorney.

GENERAL INFORMATION REGARDING PRODUCT LIABILITY (Defective Product) CASES IN CALIFORNIA

Each year, numerous people are injured by defective products. This field is referred to as Products Liability Law.

Product Obligation

Consumers have the right to purchase products that are safe when used as intended and are not defectively manufactured.

Unfortunately, a large number of people are frequently injured by popular products and devices that have a defect or lack a warning label.

Examples of Defective Products include: Car seat belts and air bags that do not function properly; Car roofs that crush in an accident instead of protecting the occupants; Car gas tanks that catch fire or explode; Machinery and power tools that malfunction and cause injuries; Defective chairs and ladders that collapse when they shouldn’t; Household products that break or make you sick; toys containing lead or with a defect that can harm children; equipment that, when used, causes personal injuries; medical prostheses and pharmaceutical drugs can be designed or manufactured with dangerous flaws.

The list of possible defective products is nearly endless.
Occasionally, the failure of these products results in serious injuries or death.

There are three primary legal theories that we employ.

California Product Liability Attorneys and Defective Product Lawyers use negligence, breach of warranty, and strict liability to pursue dangerous product manufacturers or anyone in the supply chain.

Cases of Negligence in Product Liability and Dangerous Products in California

Regarding dangerous products, a negligence theory examines the reasonableness of the defendant’s conduct. A manufacturer must use reasonable care in the design, production, inspection, and testing of its products.

Manufacturers and sellers are required to take reasonable precautions to warn of hazardous conditions.

If a consumer is injured due to the manufacturer’s or seller’s failure to exercise reasonable care in carrying out the responsibilities outlined above, they may be held liable under a negligence theory.

One of the issues with employing this theory is that we attorneys must establish negligence.

Breach of Warranty in Product Liability and Dangerous Product Cases in California

A breach of warranty can also be the basis for a claim of products liability. This type of responsibility is based on contract law. Sometimes, in sales contracts, express warranties are given with the product, along with implied warranties of merchantability and fitness for the purpose for which the product was produced.

When these warranties are breached and someone is injured by a defective product covered by these warranties, the injured party is entitled to recover damages caused by the breach of warranty.

Disclaimers or exculpatory clauses (limitation of warranties) are frequently included in sales contracts and the fine print of product labels and documentation.

These warranties may limit the majority of express and implied warranties, if not all of them.

Before liability can be established, breach of an express or implied warranty must be established, which presents a difficulty for attorneys specializing in Products Liability and Dangerous Product cases who employ Warranty theory.

Absolute Product Liability

As stated previously, negligence is often difficult to prove, and warranties are frequently excluded by disclaimers, which pose obstacles when using the above theories.

To recover damages for personal injuries sustained while using a defective product, it is not necessary to prove that the manufacturer or seller was negligent or breached a warranty under the strict products liability theory.

Strict responsibility for Products Liability and Defective Products cases do not require proof of designer, manufacturer, or seller negligence.

In a strict liability case, the injured party must only demonstrate: 1) that the product was defective, 2) that the defect existed prior to the manufacturer releasing the product, and 3) that the defect caused the victim’s damages.

The injured party may demonstrate that a product is defective based on any of three types of product liability defects: design defects, manufacturing defects, and “failure to warn” defects.

Design Defects

Design flaws occur during the product’s design phase or before the product is manufactured. Typically, every product of the model or type is defective in this situation. A product has a design flaw if a foreseen risk of harm could have been reduced or eliminated through the use of a different feasible design, and the failure to employ this alternative design led to the product being unsafe.

Production Defects

A product has a manufacturing defect if there are errors or problems during the production or manufacturing phase. Many of the same-type products that leave the assembly line may be safe, but other products leave the same assembly line with a defect. If the manufacturer failed to detect the defect prior to the product reaching the consumer, they may be held liable.

Negligence to Warn

The third type of case involves a defect caused by a failure to warn of a product hazard. Typically, these situations involve a product that is safe when used in a particular way, but dangerous when used in a different foreseeable manner. In these instances, the product must include clear, conspicuous, and succinct warnings that describe the actual danger and its consequences. Defective is a product that lacks a reasonable warning label.

Under California law, everyone in the Supply Chain is liable for a Product Defect.

What to do if a Defective Product Injures You in California

If you or a loved one were injured by a defective product, you should keep the product and all packaging, instructions, and labels that came with it. These items are crucial to establishing your case.

Products Liability and Defective Product cases in California can be extremely complex and costly to prosecute.

Choose a law firm like ours that has the knowledge and resources to handle your California Products Liability and Defective Product Case competently.

If you or a loved one has been injured by what you believe to be a defective product, it is crucial that you retain a competent attorney and law firm like ours as soon as possible.

In these types of cases, we have the experience, expertise, and resources necessary to obtain for you the compensation you deserve. For a free consultation, please contact us at 800-816-1529 x.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your product defect case and transmit it to our office.