San Diego Product Liability Attorney
Product Liability Claims
When we purchase products, we expect them to be safe and ready to use, whether they’re cleaning products or children’s toys. However, many product manufacturers, designers, and other behind-the-scenes entities are willing to forgo safety in favor of cutting costs when creating a product, which is how accidents can occur. Despite the necessary quality testing that every product requires, sometimes dangerous and defective goods and supplies make their way onto shelves anyway.
If you have been injured, you can fight to hold negligent companies and other parties responsible. Our San Diego product liability lawyer is skilled in recovering damages for injured clients and can led her trusted counsel when you call The Law Office of Michelle Gershen. There’s no case that is too small or complex for our team to handle – we’re here to listen and help.
Types of Product Liability
What makes a mass-produced consumer product defective is if something has gone wrong in the design or manufacturing of the product. Product liability lawsuits can be filed if there’s a defective in the design or manufacturing or if improper marketing resulted in a failure to provide sufficient warnings.
Manufacturing defects occur during a product’s assembly or fabrication, and if manufacturers are responsible, this means that the products have deviated from their design requirements. Victims must be able to show that the defect is what specifically caused their injuries. One example is proving faulty tires caused the car accident that resulted in injuries.
One example of a design defect is if the design of vehicles causes the vehicle to be unbalanced, which makes it more prone to rollover accidents. Many entities found at-fault for design defects are automobile or drug manufacturers.
Failure to Warn
Manufacturers and/or distributors have a responsibility to inform consumers on the risks or potential dangers associated with using their products. If they fail to provide an adequate warning or don’t provide a warning at all, they can be held liable for damages.
Common types of products that have known to be defective include:
- Children’s toys
- Medical devices
- Automotive parts
- Safety equipment
- Industrial machinery
How Long Do I Have to File a Product Liability Claim?
Each state has its own statute of limitations, or an amount of time a victim has to file a claim and seek compensation. In California, the product liability statute of limitations is two years, meaning claimants have two years from their date of injury to file a claim. Attempting to file a claim after the deadline will almost often result in a rejection of your case, and you will most likely lose the opportunity to recover damages.
Call our San Diego product liability lawyer today for a free consultation at (619) 768-0848. We know how to stand up to insurance companies and at-fault companies to get the results you deserve.
You shouldn’t have to suffer because of a company or manufacturer’s negligence. Injuries from defective products can vary – some products are known to explode or catch on fire, while other defective parts can cause disastrous car accidents. Common injuries can include broken bones, sprains and fractures, burns, amputations, spinal cord and neck injuries, head and brain injuries, and more.
Injuries can be expensive to treat and quickly add up to tens of thousands of dollars in medical bills. Through our honest work and passionate advocacy, our team has been able to secure full and fair compensation for past clients.
Damages we can recover include:
- Pain and suffering
- Property damage
- Medical bills, including expenses such as hospital stays, surgeries, medications, physical therapy, medical equipment, and more
- Lost wages or earning capacity
In some product liability cases, attorneys can seek punitive damages. Because products affect thousands of consumers, these cases can turn into class action lawsuits. Courts may be more inclined to grant punitive damages to punish at-fault parties if they wish to make them a public example for others.
After an injury, every moment matters. Michelle is here and ready to help you fight for the compensation you deserve.