Consumers trust manufacturers and distributors to provide products that are safe to use. Unfortunately, dangerous or defective products injure thousands of people every year. If you or a loved one suffers injury or wrongful death due to a hazardous product, let our Riverside product liability attorney provide the representation you need to fight for compensation.
The Dominguez Firm has over 30 years of experience handling product liability cases. Let us do the same for you. Our personal injury and wrongful death attorneys provide outstanding representation and customer service. Call us for a free consultation at 800-818-1818.
Liability for Dangerous or Defective Products
Manufacturers and distributors are responsible for ensuring that their products are safe to use. This is true across all product industries, from seatbelts and airbags to medical devices and prescription drugs.
The courts may hold a manufacturer liable if a manufacturing defect or design flaw results in injury. Product liability claims allow victims of defective products to pursue compensation for their injuries.
Common Reasons for Product Liability Claims
Products become dangerous for three main reasons: design defects, manufacturing defects, and marketing defects. Let’s look at each of these more closely.
Dangerous Product Design
Sometimes, manufacturers cut corners on the design phase to save money, resulting in dangerous design defects. When a product’s design is flawed, resulting in consumer injury, the courts may hold the manufacturer accountable. A faulty automobile design, for example, may result in a preventable accident that results in life-altering injuries.
Product Manufacturing Error
Manufacturing defects occur during the process of making the product. A manufacturing defect is an error that causes a dangerous product defect during the manufacturing process unrelated to the product design. For example, if a mixing error occurs in manufacturing a prescription drug, the medication may harm the patient instead of helping.
Inaccurate Product Marketing
Companies must advertise and market their products properly. Proper advertising accurately illustrates a product’s purpose and use while also providing safety warnings. If the product’s advertisement misrepresents the product, the company may be liable for consumer injuries.
Sometimes, manufacturers and distributors are aware of dangerous defects but choose not to alert their consumers. They may be liable for failing to warn consumers of the possible dangers in these cases.
Recoverable Damages in Product Liability Claims
Dangerous and defective products cause many consequences, from physical injuries and illnesses to emotional and psychological trauma. Damages recoverable through a product liability claim include compensation for:
- Pain and suffering
- Property damage
- Medical bills
- Lost income
- Lost future income
If a product defect has changed your life forever, don’t hesitate to contact our Riverside product liability attorney at The Dominguez Firm.
California Product Liability Law
Federal law does not include legislation on product liability, so each state determines the basis for product liability claims. In California, you can file a product liability claim based on negligence or strict liability. The difference lies in what you or your product liability lawyers must prove.
In a negligence claim, your attorney will need to prove that the defendant violated their duties of care to you and other consumers through negligent action or inaction, resulting in a defective or dangerous product. This negligence can take many forms, including failure to meet safety regulations, improper manufacturing, or careless training.
Strict Liability Claims
A strict liability claim does not require your attorney to prove negligence. Instead, we only need to prove that the product caused injury because of a design, manufacturing, or marketing defect. For example, if the defendant failed to warn consumers of a product danger they either did or should have known about, they may be liable for resulting injuries.
3 Steps to Take After a Defective Product Injury
If you find yourself injured by a dangerous or defective product, take the following steps to ensure a strong case if you decide to file a product liability claim:
1. Seek Medical Attention
The first step is to take care of yourself and seek necessary medical treatment. If you must leave the scene of the injury, return later to gather evidence. If possible, photograph your injuries before and after getting treatment.
2. Document Everything
The next step is to gather evidence, which means documenting everything. You can do this yourself or with the help of a friend or family member if your injuries won’t allow you to do it yourself.
Photograph the product and your injuries, and record what happened. Try to write down everything you remember, and have any witnesses do the same. If a stranger witnesses the injury, collect their contact information.
3. Put the Product Away
Do not keep using the defective product. Store it safely with all relevant labels, instructions, and packaging.
Once you’ve completed these steps, it’s time to contact our personal injury lawyers in Riverside. Have all photographs and written accounts ready to send to us. That way, we can get started on your case right away.
Although you have two years from the date of your accident to file a lawsuit, don’t wait. Waiting will significantly damage your case. First, it is easy to lose evidence if weeks or months go by. Also, defense attorneys will ask why you waited so long to file your claim. They’ll also cast doubt on your injuries and whether they were truly caused by the defective product.
Don’t let financial worries keep you from calling the defective product attorneys at The Dominguez Firm in Riverside. We will represent you on a contingency basis, which means you only pay us if we obtain compensation for you. You don’t have to worry about legal fees or any upfront costs. And if there is no recovery, there is no fee.
Experienced Riverside, CA, Product Liability Attorneys
At The Dominguez Firm, we have experience with all kinds of product liability claims, and we offer our clients compassionate, caring, and service-driven representation. Call us at 800-818-1818 for a free consultation today. We are available 24/7 in Riverside, CA, to provide the service you need.