Every year, millions of Americans suffer injuries in accidents caused by defective products. High-profile cases, such as the Takata airbag failures in vehicles like Honda, Toyota, and Nissan, have brought attention to this issue. These airbags injured or killed passengers and drivers when they exploded and released shrapnel.
Each state has specific rules and regulations regarding product liability. If you or a loved one has been injured or killed in an accident caused by a defective product, it’s crucial to consult with an experienced California Product Liability Attorney. These legal professionals understand the complexities of state laws and court systems and can provide the best possible results. Time is of the essence; delays can jeopardize your case.
California Product Liability Attorney
California’s product liability laws are complex and detailed. Therefore, working with a California Product Liability Attorney is essential for obtaining the legal advice and representation you need. These attorneys are experienced in handling the intricate aspects of product liability cases and have a track record of successful outcomes. They also have access to expert witnesses who can support your case.
A California Product Liability Attorney is well-versed in the state’s personal injury laws, which encompass various types of defects and failures. They also understand the matter of fault, especially in a pure comparative fault state like California, where an award can be reduced by the victim’s percentage of fault.
California Product Liability Accidents
Product liability laws place responsibility on designers, producers, sellers, installers, and users of products. The fundamental principle is that consumers should expect safe products that won’t cause injury due to defects in design, manufacturing, or assembly. The law also extends liability to those who assemble, install, wholesale, and resell products.
For instance, consumers trust that their vehicles will be safe and reliable. They expect parts like steering, brakes, tires, seatbelts, and airbags to function correctly. Similarly, construction workers expect ladders to be safe and not cause falls due to defective rungs.
When accidents occur, manufacturers must issue recalls and fix or replace defective parts. Injury victims can seek compensation for accidents caused by product defects. Punitive penalties may also be imposed, and class action lawsuits involving multiple victims can result in significant awards.
Product Defects and Failures
Product defects and failures have caused harm to millions. Notable cases with large settlements include:
- Blitz Gas Cans: Exploding cans caused numerous injuries and deaths, resulting in $4 million per claim in over 30 cases, leading to the company’s closure.
- McDonald’s Coffee: In 1994, Stella Liebeck was awarded $2.7 million in punitive damages and $160,000 for medical expenses after suffering burns from hot coffee.
- Remington Rifles: Faulty fire control systems in models 700 and 710 caused rifles to fire without the trigger being pulled, resulting in a $15 million award in 1994.
- Ledraplastic Balancing Ball: In 2009, a ball burst caused injuries to NBA player Francisco Garcia, leading to a $4 million settlement for lost salaries and $29.6 million in damages.
- Toyota Cars: A 2010 recall addressed the lack of a “brake to idle fail-safe” feature, leading to a $1.1 billion settlement due to increased accident risks from accelerator malfunctions.
Defects can stem from design, manufacturing, marketing, installation, or use. A California Product Liability Attorney can seek compensation from multiple parties responsible for product-related injuries or deaths.
Personal Injury Compensation
The amount of personal injury compensation in settlements or court awards is regulated by the state. Working with a California Product Liability Attorney increases your chances of receiving higher compensation. Fair compensation includes reimbursement for accident-related expenses and future costs, such as medical bills and lost wages, which are calculated by attorneys and their expert witnesses.
Responsibility Issues and Liability
Responsibility and liability are critical issues in product liability cases. In California, a pure comparative fault state, an injured person doesn’t need to prove a product is defective but must show their injuries resulted from the defect and that they were using the product as intended. Defense arguments might include misuse, failure to follow directions, or deliberately altering the product.
Breach of warranty is another element that can win a case. If a product fails to meet its warranty or lacks adequate warnings, there may be grounds for a lawsuit. Even with warnings, inadequate warnings can still be a basis for liability.
Conclusion
California’s product liability laws are complex. If you’ve been injured by a defective product or have lost a loved one due to such an accident, seek legal advice and representation from an experienced San Diego product liability lawyer. They will work closely with you, charging fees on a contingency basis, meaning you only pay if you win your case. Timely legal assistance is crucial, as there is a two-year limit for filing personal injury claims in California, and only six months if filing against a governmental agency. Don’t delay in seeking the compensation you deserve for your injuries and losses.
