Each day, you may use dozens – or even hundreds – of different products. You likely trust that the products that you use are safe, and vetted by the U.S. Consumer Product Safety Commission (CPSC). Unfortunately, this agency often doesn’t step in until after many people have been hurt by faulty products.
Consumers face a host of product liability risks during everyday life – from unsafe toys and car seats, failing air bags, and contaminated food to occupational hazards such as asbestos exposure and defective machinery. If you, a family member, friend, or coworker have been injured by a dangerous or defective product, you have the legal right to be compensated.
The Appel Law Firm represents clients throughout Northern California who have been hurt in all types of accidents, including by dangerous and defective products. We will fight for your right to maximum compensation and will never charge a fee unless we recover money for you. Reach out today to schedule a free initial consultation with a Walnut Creek products liability lawyer.
Common Product Liability Cases
Product liability is a type of personal injury law. Broadly speaking, a person may file a product liability lawsuit whenever they are injured by a product that is dangerous or defective in some way.
Our law offices handle a range of product liability claims. Some of the cases we handle involve:
Product liability claims can arise in other contexts. For example, if a rechargeable battery catches on fire in your house and causes injury, then you may be able to file a claim against the manufacturer, distributor, and/or retailer of that battery.
In some cases, product liability claims intersect with other types of personal injury matters. For example, if your car’s brakes fail and you get into a car accident, you may be able to file a product liability claim.
Product liability cases are often incredibly complex. If you have been hurt by a dangerous or defective product, don’t hesitate to call. Our Walnut Creek product liability lawyers will thoroughly investigate your case and work to develop the strongest possible claim for financial compensation.
Product Liability Explained
When a manufacturer, distributor, or seller is held liable for defectively made or designed products, this claim is generally known as “product liability.” If you can prove that a product was too dangerous or that the company failed to warn of its dangers, they may be strictly liable for any injuries that result. Strict liability is a legal concept that holds that a person or entity can be held responsible for the harm that they cause without the injury victim proving that they were negligent in some way.
California law requires manufacturers to anticipate how an average person will either use or misuse a product. If a person was hurt when using a product in a way that was reasonably foreseeable, then the manufacturer can be held strictly liable for any injuries that result.
Generally speaking, a defect in the manufacture of a product exists if the product is different from the manufacturer’s intended result or if the product differs from apparently identical products from the same manufacturer. The defect has to exist when the product left the defendant’s possession and, at the same time, be a cause of injury to the product user.
There are several theories under which a plaintiff might bring a claim. First, a product can be defectively designed if it fails to perform as safely as an ordinary consumer would expect when using it in an intended or reasonably foreseeable manner. Alternatively, a product can be defective in design if there is a risk of danger inherent in the design that outweighs the benefit of that design. Of course, the defective design has to be a cause of injury to the user of the product.
In addition to manufacturing and design defects, manufacturers can be held liable for failing to warn of a product’s dangers. A classic example of a failure to warn case is a ladder that doesn’t have warning stickers advising users to not step on the top rungs. If a manufacturer does not warn of a known danger, and a person is hurt by the product, then they can be held strictly liable for any losses that result.
Compensation in a California Product Liability Case
If you are hurt by a dangerous or defective product, you may be able to pursue financial compensation for your injuries. Typically, this includes money for economic and non-economic losses (known as compensatory damages). In some cases, you may also be entitled to punitive damages.
Economic damages pay for direct financial losses. It may include money for property damage, medical expenses, future medical treatment, lost wages, and reduced earning capacity. These damages are usually proven through documentation like medical bills, estimates, pay stubs, and invoices.
Non-economic damages compensate injury victims for their indirect losses. They can be harder to prove but are no less important than economic damages. Examples of non-economic losses include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
Finally, punitive damages may be awarded in cases where the at-fault party acted intentionally or recklessly. These damages are meant to punish a wrongdoer instead of compensating a victim.
Insurance companies rarely offer fair settlements to accident victims, particularly when they aren’t represented by legal counsel. Our Walnut Creek product liability lawyers will fight for your right to full compensation.
Why Choose the Appel Law Firm LLP for your Product Liability Case
- We will hold negligent parties accountable, but it’s our rigorous, detailed pursuit of justice, undivided individual attention, and consistent record of success that separate us from the rest.
- One of the most difficult and important tasks in preparing and presenting product liability cases is securing the assistance and testimony of qualified experts in the particular field of manufacturing and/or design. We have the financial resources required to retain outstanding experts to testify on your behalf.
Let Us Help You
If you or a loved one has been injured by a defective product, you should keep the product and any packaging, instructions, and labels. These items are important in proving your case. Defective product cases can be very complex and expensive to prosecute. You should select a law firm with substantial expertise and resources. If you desire a free consultation on a defective or hazardous product case, please call the Appel Law Firm LLP (925) 938-2000 or use our contact us form.
