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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Resbalón y caída
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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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Nuestros abogados de empleo y lesiones personales reconocen que las personas con las que trabajamos normalmente pasan por momentos abrumadores y estresantes en sus vidas. Cuando una persona nos contrata, nos esforzamos por brindarle al cliente la representación legal sólida y el asesoramiento eficaz que necesita para recibir una compensación justa y equitativa. Nuestros abogados experimentados están dedicados a ayudar a nuestros clientes en sus momentos de necesidad. Nuestro equipo de empleo y lesiones personales está compuesto por abogados muy respetados que han estado involucrados en varios acuerdos multimillonarios, lo que nos valió ser miembros del Million Dollar Advocates Forum®. Esto demuestra aún más nuestra capacidad para abordar casos de accidentes complejos.

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Con más de 40 años de experiencia, hemos manejado muchos casos de resbalones y caídas. Puedo brindarle el calibre de servicios legales que normalmente solo están disponibles para grandes empresas, debido a mi experiencia en litigios a gran escala que han resultado en indemnizaciones de millones de dólares en muchas ocasiones. En 2014, Michael Ghozland fue nombrado "Luchador callejero del año" por los abogados del consumidor de California en 2014. Debido a mi excelente historial judicial, ganar su caso probablemente signifique obtener un acuerdo privado, sin necesidad de acudir a un tribunal. Las compañías de seguros conocen mi reputación y la mayoría preferiría llegar a un acuerdo antes que enfrentarme en una demanda por resbalón y caída.