Our California Attorneys Can Assist You
Manufacturers of products have the responsibility of ensuring that their products are safe for consumers to use.
When a product has an inherent risk of injury, manufacturers must clearly, coherently warn users of these risks.
The manufacturers must also provide instructions for the safe use of their products if there are risks.
Examples of this include: a blowtorch or a bicycle.
Manufacturers are liable for product liability damages users suffer because of their negligence and this concept works similarly in instances of medical malpractice as well as a faulty product causing car accidents or motorcycle accidents. A faulty product which causes injury or death gives rise to a liability case or a product liability case and is the basis for product liability litigation. California law generally calls for strict liability in a faulty product case where an injury or death was the result of a product liability incident. A failure to adhere to a warranty that caused a person to become injured by a faulty product is treated similarly under strict liability law and California’s faulty products law, in particular, resulting in the manufacturer and related-entities being held liable for the breach of the warranty that caused injury or death in the context of liability litigation.
What Types of Cases Do We Handle?
Product liability claims in California are not the same as other types of personal injury claim, which are treated as different albeit similar practice areas even though they both may involve a liability case.
Although negligence does play a role in a product liability claim or liability case – namely, that a manufacturer, distributor, or retailer can be liable for a victim’s damages because of injuries related to its negligence – product liability claims generally adhere to a doctrine known as strict liability.
This means that when a victim files defective products liability claim negligence principles applies such that he or she does not have to demonstrate that the other party’s negligence caused his or her specific injury. California courts apply liability law in the context of liability litigation or a product liability case in order to assess whether to award monetary recovery to a person who was injured by a defective product which can result in the manufacturer of the product being held liable.
Rather, these parties are liable for victims’ damages regardless of the circumstances of the victims’ cases.
The victims just must demonstrate that their case falls into one of the categories described to the right.
Types of Product-Related Malfunctions We Handle
Product liability can be categorized into one of the following types:
- Manufacturing defect cases: When a product is not manufactured according to its design, rendering it dangerous or ineffective, the manufacturer of the product or defective part is liable for the victim’s damages.
- Design defects: With this type of case, the product was flawed from the outset and manufactured according to defective or unsafe specifications.
- Marketing Faults: For products that have flaws or pose potential hazards that cannot be corrected during manufacturing, the manufacturer must warn consumers about these risks and provide sufficient safety instructions. A marketing issue could also be one where a product is advertised as being able to do something it cannot, such as advertising a decorative helmet as a legitimate piece of safety equipment. In this type of case, a retailer can also be the negligent, and thus liable, party.
OUR CALIFORNIA LOCATIONS:
Los Angeles – Alameda – Orange – Modoc – Amador – Napa – Calaveras – Shasta – Contra Costa – Humboldt – San Luis Obispo – Kern – San Mateo – Merced – San Francisco – Tuolumne – Lassen – Mono – Placer – Kings – Riverside – Marin – Solano – Butte – Inyo – Imperial – Ventura – Santa Barbara – Santa Clara – Santa Cruz – San Diego – Monterey – Stanislaus – Yuba – Glenn – El Dorado – Plumas – Madera – Sacramento – Lake – Sonoma – Fresno – Colusa – Tehama – Del Norte – Yolo – Tulare – Siskiyou – San Joaquin – Mendocino – Nevada – San Benito – Sutter – Sierra – San Bernardino
We represent clients throughout California, including Northern California, Southern California and other locales.
How We File and Pursue Product Liability Claims
Victims of defective products can seek compensation for their damages by filing a claim with a defective product law firm. In California, the statute of limitations for this type of claim is two years from the date of the accident that caused the injury or discovering that the injury was related to use of the defective product. Attorneys versed in product liability litigation and breach of warranty claims and who represent people who were injured by a defective item can advise you regarding product liability law and your liability clam in particular.
In California, strict liability is one of several ways a products liability claim can be initiated. Strict liability claims arise when harm results from a product that has entered the stream of commerce.
If you or someone you know has been injured from a product that has a design defect, manufacturing defect, or fails to adequately warn users of the dangers of using a product, contact an attorney. If you have been injured, you may have a claim regardless of where the product is manufactured, bought, or sold.
These types of claims can be lodged against those who manufacture, produce, distribute, or sell a product. Generally, unreasonably modifying a product voids any liability its manufacturer holds for damages related to its use. Contact our defective product law firm today.
Work with Our Experienced Defective Product Law Firm Personnel
The Danger of Defective Products
A defective product can leave a person injured, permanently disabled or even dead.
When you or a loved one suffer an injury because of a manufacturing, design or marketing issue, you have the right to pursue compensation for your damages through a product liability claim.
Contact our team of experienced personal injury lawyers at Nehora Law Firm today to set up your initial consultation with us to learn more about your rights and potential outcomes for your claim.
Defective products that were, for example, improperly designed, manufactured, supplied, installed, inspected or repaired, can cause injury – often serious injury.
The law allows a person to recover monetary damages for injury sustained by these products.
Our product attorneys have helped clients throughout Orange County and Califoirnia recover compensation from injuries sustained by these products.
If you’re unsure whether you have a case, we recommend consulting one of our products attorneys today to receive a free consultation.
Types of Product Defects
Product defects can take many forms. For example, the product may have been damaged during the manufacturing process, or, alternatively, injury may have been sustained from a failure by the producer to stipulate warnings in advance (what are known as “marketing defects”).
Manufacturers have a duty to provide a safe, effective product – a product that accurately describes its function and a product that is fit for purpose.
However, there are some small exceptions to these general rules (which we discuss below).
As well as faulty manufacturing, we also have “design defects”. Design defects refer to an inherent flaw with the product.
This means that, no matter how well the product is manufactured, the product retains an inherent flaw or danger.
In other words, products with design defects are almost destined to cause injury. Of course, injuries are not limited to the purchaser of the product.
A third-party may also be affected and, in such cases, the third-party is also permitted to file a products liability lawsuit.
Our attorneys can help you establish whether you have a case.
- Vehicle Tires
- Consumer Products
- Medical Devices
- Recreational Products
With marketing issues, the question of responsibility is not black and white. For example, there are cases in which the product has an inherent danger – but this danger is linked to the direct function of the product.
If the danger were removed, the function of the product would be limited. The removal of sharpness from a knife, for example, would render redundant the function of the product.
In this case, it would not be possible to file a lawsuit should the affected party have sustained injury. Products liability lawsuits can, in some cases, prove contentious. In some cases, responsibility clearly lies with the manufacturer, supplier or other involved party. A defective product attorney can help determine liability.
At Nehora Law Firm, our products liability attorneys have helped clients throughout Orange County – from Irvine and Santa Ana, through to Anaheim and Huntington Beach, among other locales.
Our team of professionals have dealt with personal injury claims caused by manufacturing defects, design defects and marketing faults. contact us today at (949) 629‒4349 for a free consultation.
We will discuss your case with you and determine a viable course of legal action.
How We Can Help
In other cases, where responsibility lies is not so clear. Our lawyers are equipped with both the knowledge and experience to determine who should be held accountable.
We not only help establish whether you have a case and determine responsibility, but also maximize your potential compensation – assessing both economic and noneconomic damages.
We help maximize compensation; carving out a viable legal path that successfully negotiates our way toward settlement.
Many product cases are arduous, complex affairs. Having competent attorneys on your side is therefore essential.