How Product Liability Cases Work in California

Defective products have long been seen as possible risks to the general public’s safety in the world of consumerism. Consumers have the right to believe that any product they buy is safe when used according to the manufacturer’s instructions. However, there are several instances in which dangers exist and people are harmed as a result…
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How Product Liability Cases Work in California

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Defective products have long been seen as possible risks to the general public's safety in the world of consumerism. Consumers have the right to believe that any product they buy is safe when used according to the manufacturer's instructions. However, there are several instances in which dangers exist and people are harmed as a result of a product defect.

Before you or a loved one has been injured because of a dangerous or defective product, you need to read this.

What is Product Liability?

Product liability is when a producer/manufacturer of the product or seller is held liable – or responsible – for putting a harmful or defective product in the hands of consumers. Since there is no federal product liability statute, each state has its own collection of consumer rights that cover manufacturer and seller negligence, strict liability, and breach of contract.

Can You Bring a Product Liability Case in California?

You could be considering filing a lawsuit if you have been hurt or got ill by a defective product. Consumers who have been injured by dangerous products will file a product liability lawsuit to seek compensation for their injuries and other damages. A consumer may be entitled to recover the following damages by filing a product liability lawsuit:

Medical expenses.  The cost of treating injuries or illnesses caused by a faulty product can be extremely expensive. Medicines, therapies, surgeries and visits all pile up the costs. If you have received hospital bills or medical treatment as a result of an accident caused by a defective product, you must consult a product liability lawyer as soon as possible to recover medical expenses.
Pain and Suffering.  A product-related accident can cause extreme pain and prolonged suffering.  By filing a product liability lawsuit, you may be able to recover an award for damages that takes into account any pain and suffering that you endured.
Other losses.  A defective product accident can result in excruciating pain and a long period of suffering. If you file a product liability lawsuit, you will be entitled to receive a compensation for damages that includes your pain and suffering.

Establishing Liability in Product Liability Cases

Companies may be held strictly liable for accidents caused by a faulty product under California state law. In certain instances, proving that you were injured as a result of the use of a product is difficult. You must go a step further to show that the product was defectively built or made, or that the warnings and instructions were inadequately labelled.

To hold a company responsible for a defective product, you must prove the following elements under California's product liability laws:

1.     The defendant made, designed, or sold the product;

2.     The product was unreasonably unsafe due to poor production, a faulty design, or insufficient warnings;

3.     You used the product in a foreseeable, reasonable manner; and

4.     You incurred actual damage as a result of using the product.

Some of the list of common defective products include:

•       Automotive parts

•       Industrial machinery

•       Medical instruments

•       Safety equipment

•       Tires / seatbelts

•       Pharmaceuticals

•       Toys

Deadline to bring a California Product Liability case

Product liability cases in California have a two-year statute of limitations (California Code of Civil Procedure 335.1). A product liability lawsuit must be filed within two years of the date of the plaintiff's injury. If no claim is made before the deadline passes, then the case will clearly be dismissed by the court.

Consult with a California Product Liability Attorney

If you or someone you know was injured by a product that was defective or which contained inadequate warnings, you must consult with an experienced Product Liability Attorney. You can speak to one of our product liability attorneys at Ghozland Law Firm today.

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Our employment & personal injury attorneys recognize that the individuals we work with are typically going through overwhelming and stressful times in their lives. When an individual hires us, we strive to provide the client with the strong legal representation and effective counsel they need to receive fair and just compensation. Our experienced attorneys are dedicated to helping our clients in their time of need. Our employment & personal injury team is comprised of well-respected lawyers who have been involved in several multi-million dollar settlements, earning us membership in the Million Dollar Advocates Forum®. This further demonstrates our ability to take on complex accident cases.

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With over 40 years of experience, we have handled many slip and fall cases. I can provide you with the caliber of legal services that is normally available only to large companies, due to my experience in large-scale litigation that has resulted in awards of millions of dollars on many occasions. In 2014, Michael Ghozland was named “Street Fighter of the Year” by Consumer Attorneys of California in 2014. Because of my outstanding trial record, winning your case will probably mean obtaining a private settlement, with no need to ever step into a courtroom. Insurance companies know my reputation, and most of them would rather settle than face me in a slip and fall lawsuit.