Pursuing Justice on Your Behalf
Product liability cases involve when an item or product causes harm to a consumer, perhaps as a result of the manufacturer, designer, or distributer’s negligence. This negligence can include failure to fix any defects, as well as a lack of warnings or instructions on the product’s label. If this is the case, it is essential you don’t waste any time in enlisting the services of a Fresno product liability lawyer who will go above and beyond on your behalf, such as ours at BD&J.
Common Types of Defective Product Injury
Defective product lawyers work with a variety of injury claims, including:
- Those caused by defective safety devices
- Food poisoning caused by contaminated foods
- Injury caused by defective medical products
- Chemical burns due to faulty cosmetic products
- Property damage or burns caused by faulty electrical equipment
- Accidents caused by mechanical failure
Many other potential injuries and issues could fall under the category of a defective product. For example, if you were involved in a vehicle accident caused by defective brakes or tires, the manufacturer of the vehicle, or that part, could be held liable.
As another example, if you were using an electrical appliance and it shorted out during normal use, causing a fire, you may be able to claim for property damage and any injuries the fire caused. It’s important to discuss your claim with a product liability attorney so they can help you navigate the process.
Many high-profile defective product cases relate to cosmetics, automobiles, and general household products. However, the definition of defective products is broad and can include toys, food and beverages, industrial equipment, and other products commonly purchased and used by consumers.
Injuries From Defective Warnings
Users of the product must be clearly warned of any harm that could befall them from using the product. The injury you receive must be as a result of not having any warnings about the product to make a defective warning claim; however, you still may be able to recover a lesser amount if defective labeling was only partially to blame.
Injuries from Manufacturing Defects
Manufacturing defects are more common than you may believe. They indicate a select few of these products are harmful, such as in instances of contamination or improper installation of an item. This means the product itself is not dangerous if manufactured properly.
Injuries from Design Defects
Design defects, though not quite as common as manufacturing defects, often result in a larger impact of injury. This means the product is inherently destined to fail or harm users, and it is also slightly more complicated to determine who is at fault for this issue.
Some products, if used incorrectly, have the potential to be incredibly dangerous. This is why there is a responsibility on behalf of the company to provide consumers with proper warnings regarding the item in question. If there fails to be one, and an injury is incurred, you may have a claim for product liability.
What Damages Can You Receive After a Defective Product Injury?
Defective product claims can include a range of damages, including:
- Medical expenses
- Loss of earnings
- Property damage
- Loss of consortium
Strict Liability in California
Most products in California fall under strict liability laws, but there are some exceptions, such as for medical devices and prescription drugs. Strict liability means a manufacturer may be held strictly liable for damages caused by a defective product they made. Consumers don’t need to prove the manufacturer was negligent. They just have to prove that they were using the product as intended or anticipated and while doing so, suffered an injury.
“Inherently unsafe” products, prescription drugs, and medical devices fall under slightly different rules, requiring consumers to prove negligence to make a claim. If the manufacturer cannot be held liable in your case, it may be possible to claim against the product designer, marketer, or others who are involved in the supply chain of the product. A defective product attorney can help you understand these rules and advise you on what damages you might be able to claim based on your case.
How Long Do You Have to File a Claim in California?
If you’ve been injured by a product or lost a loved one due to injury caused by a defective product, you have 2 years to file a defective product claim in California. If your claim relates to property damage, you have 3 years to file the claim. The timer starts from the day you become aware of the issue. For example, if you have surgery to fit a medical device and the device is faulty, you have 2 years from the time you discovered the issue to make a claim, rather than 2 years from the date the device was installed.
Defective product cases can be complex, so it’s important to seek advice from a defective products law firm as soon as you think there may be an issue so that you can get advice about how best to proceed.
Contact Our Trusted Fresno Product Liability Attorneys Today
Our Fresno product liability lawyers of BD&J are committed to one thing above all else: your satisfaction. We will work tirelessly to maximize your chances of success, stopping at nothing to fight for the rights and results you deserve. Our legal team understands how devastating it is to face an unexpected injury or accident due to no fault of your own — which is why you shouldn’t face this situation alone.
