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Though we expect them to, companies don’t always produce products safe for the public. Whether there is an error in the manufacturing, designing, or distributing process, it is important to hold the responsible parties liable for any injuries, accidents, or harm they cause to consumers. Because consumers are protected under the law, it is important you pursue justice with the help of our Riverside product liability team of BD&J. We refuse to give up on you and your case until it is resolved as efficiently and effectively as possible.
When products have a manufacturing error, this means certain batches are problematic as opposed to the entire product itself. If the product itself is dangerous or damaging to consumers, this is known as a design error and the product will likely be pulled off shelves as a result. Another instance in which there may be a case for product liability is when there is a lack of warnings or instruction labels, resulting in a consumer harming themselves in an incident that could have been otherwise prevented.
Some product liability cases are nationwide, or even worldwide, while others are specific to one or two faulty products. This is why determining the best course of action depending on your particular situation is our priority.
Common Injuries from Product Defects
The Riverside product liability lawyers at BD&J are familiar with a wide range of injuries, from minor to severe, caused by defective products, including:
- Choking
- Head injuries
- Broken bones
- Burns
- Cuts
Types of Product Defects
We handle several types of product defect cases. Examples include:
- Manufacturing: In this type, an issue occurs during the manufacturing process that creates a defective product. This usually only affects a portion of the products produced.
- Design: This type of product defect means the product has design issues that make it unsafe or increase the risk of injury. For example, the poor design of a power tool might make lacerations more common.
Marketing or advertising error: In some cases, the issue focuses on a failure to warn consumers of potential risks. For example, our attorneys might recommend filing a case if a medication doesn’t include known risks or side effects on the packaging.
What is California’s Product Liability Law?
California’s strict liability rule for product liability law states that any party who designs, manufactures, or sells a defective product can be held liable for any injuries and related injuries caused by that product, even if that party is not found to be negligent. Many states require the defendant to be considered negligent to establish liability. The omission of negligence as a requirement in California product liability law gives more power to plaintiffs, especially in considering the state’s pure comparative fault standard.
For example: Your intentional misuse of a product causes you to suffer an injury that requires $10,000 of medical care to treat. You are found 75% liable for your own injuries. You can still sue the product’s manufacturer for $2,500, which is 25% of your total damages.
Determining Liability for Defective Products
Establishing liability in defective product cases can feel straightforward or quite complicated depending on what legal statutes apply. If strict liability applies to your case, then there is the assumption that the product manufacturer can always be held accountable for the harm caused by their product because they should not be selling any product capable of causing harm through a defect. In other cases where liability rules are not so strict, the defending product manufacturer will try to argue that you had been intentionally misusing the product at the time of your accident, which could put some liability on you.
To bolster your chances of showing the product was defective through no fault of your own, you should keep the:
- Product itself until your attorney approves for it to be sent to the manufacturer
- Product packaging
- Instructional manuals included with the product
- Email correspondences you might have had with the manufacturer already
How Long Do You Have to File a Product Defect Claim?
The length of time you have to file a product defect claim varies by state but is typically between 1 and 4 years, with 2 years being common. Injured parties in California have 2 years to file a claim. One of our product liability lawyers can review your case and tell you if you’re within the time limit to file.
Contact Our Experienced and Skilled Riverside Product Liability Attorneys Today
As a victim of a faulty, dangerous, or damaged product, you deserve to have the trusted guidance and care of a success-driven legal team on your side, such as ours at BD&J. Our Riverside defective product lawyers refuse to back down from a challenge, regardless of any complexities present in your case. You won’t regret having us on your side throughout this rather difficult process — allow us to fight for you today.
To schedule an initial consultation with a member of our firm, please don’t hesitate to contact us by calling (855) 906-3699.
