As a consumer, you have the right to expect the products you purchase to work as advertised in Encinitas, California. You also have the right to expect that if you use the products as directed, they are safe to use. Unfortunately, defective products cause many severe injuries and deaths each year. If a defective product caused your injury, you can seek compensation by filing a product liability claim.
Our Encinitas product liability lawyers at Petrov Personal Injury Lawyers have over 20 years of combined experience helping injured victims obtain justice. We have recovered more than $40 million in jury verdicts and settlements. We have extensive experience handling complicated personal injury cases, including product liability cases in Encinitas, CA.
Contact Petrov Personal Injury Lawyers at (619) 344-0360 to schedule a free consultation with an experienced Encinitas product liability lawyer.
How Petrov Personal Injury Lawyers Can Help You With a Product Liability Claim in Encinitas
A product liability claim seeks to hold a manufacturer, seller, designer, and other responsible parties responsible for the injuries and damages caused by a defective product. However, you have the burden of proving the product was defective, and that defect caused your injuries. You need strong evidence proving your claim in Encinitas, CA, to win.
Since 2012, our attorneys at Petrov Personal Injury Lawyers have fought for the rights of injured victims and their families. We stand up to insurance companies to get our clients the money they deserve after an accident or injury.
When you hire our top-rated Encinitas personal injury lawyers, you can trust we will:
- Complete a thorough investigation to determine what caused your injuries
- Work with leading expert witnesses to gather additional evidence to support and strengthen your claim
- Document and analyze your damages to assess how much your case is worth
- Aggressively negotiate for fair settlement agreements
- File a lawsuit and take your case to trial if necessary
Our lawyers are equipped to handle complex cases like yours. We do not hesitate to take on large corporations and manufacturers to hold them accountable for putting defective products on the market. We pursue justice and fair compensation for our clients who suffered harm because of a dangerous product. We also take cases on a contingency fee basis, allowing you to secure our help and only pay if we win compensation for you.
Contact us today to schedule a free case evaluation with our experienced Encinitas product liability lawyers.
Examples of Potentially Defective Products That Could Cause Injuries in Encinitas, CA
The National Safety Council (NSC) reports that 12.7 million people were treated in emergency rooms for injuries caused by consumer products. Most injuries involve products that are thought to be safe.
The top three consumer product-related injuries were attributed to:
- Stairs, ramps, landings, and floors
- Beds, pillows, and mattresses
- Chairs, sofas, and sofa beds
Any product could be dangerous and cause harm if the product is defective. At Petrov Personal Injury Lawyers, we handle all types of product liability claims.
Examples of products that could cause injuries and deaths if they are defective include:
- Medical devices
- Pesticides
- Household appliances
- Prescription medications
- Children’s toys, furniture, and car seats
- Machinery, power tools, and equipment
- Over-the-counter drugs
- ATVs and other recreational vehicles
- Batteries, chargers, and electronic devices
- Sunscreen, makeup, and personal care products
- Recreational and sporting equipment
If you suspect the product that caused your injuries is defective, contact our Encinitas product liability attorneys immediately. Seek prompt medical treatment for your injuries and preserve the evidence by safely securing the product.
Defective Products Cause Severe Injuries in Encinitas, CA
A defective product can cause catastrophic injuries, impairments, and fatalities. Some injuries can result in life-altering disabilities.
Examples of injuries caused by defective products include:
- Internal bleeding and organ damage
- Traumatic brain damage
- Spinal cord injuries and paralysis
- Lung damage
- Fractures and broken bones
- Head and neck injuries
- Soft tissue injury
- Back injuries
- Nerve damage
- Amputations and loss of limbs
- Cancer and other diseases
- Severe burns
- Eye and ear injuries
You can sue the manufacturer and other parties responsible for the defective product to recover compensation for your damages. If your loved one died because of the injuries caused by a dangerous product, you can file a wrongful death lawsuit seeking damages.
How Do I Prove My Case to Win a Product Liability Claim in Encinitas, CA?
Unlike other personal injury cases based on negligence, many product liability claims are based on strict liability. A designer, manufacturer, retailer, and other parties can be held strictly liable if a defective product causes an injury. Strict liability does not require you to prove negligence to win your case.
You must have evidence that proves the following:
- A product was unreasonably safe or defective
- The party you are pursuing was responsible for placing the product on the market for consumers to purchase
- The product caused you to sustain injuries and harm
- You sustained damages because of the defective product
Evidence in a product liability case includes physical evidence, such as the product. Medical records to prove you were injured. Scientific evidence may also be helpful to prove how a product is defective.
Expert opinions explain the defect in the product that caused your injuries. Our Encinitas product liability lawyers work with leading expert witnesses to gather evidence to build your case.
What Is My Product Liability Case Worth?
Each personal injury case is unique. The value of your claim depends on numerous factors. For example, the type of injuries you sustained and the cost of treatment are factors. Whether you sustained a disability or permanent impairment is another significant factor in how much your product liability claim is worth.
Our Encinitas product liability attorneys work with your doctors and other experts to maximize the value of your damages. We fight for a settlement or verdict that compensates you sufficiently for all damages.
Types of Product Liability Cases in Encinitas, CA
Most product liability claims fall into one of three categories:
Design Defects
A product could be unreasonably dangerous because of its design. Even if the product is manufactured and used according to the specifications of the designer, it is inherently dangerous because of a design flaw.
A manufacturer and other parties could be liable if a safer design existed but they did not use it.
The court considers several factors in a design defect case, including:
- The cost of using a safer design to produce the product
- The severity of the risk of harm if the product is used as designed
- The value of the product
- If the product can function correctly using the safer design
A product may have risks and could be dangerous to use. A key element is whether a safer design is available and the manufacturer chose profits over safety. Another critical element is the usefulness of the product versus the level of danger.
Manufacturing Defects
A product might be safe based on its design. However, a mistake or error during the manufacturing process creates a defect. The defect causes the product to be dangerous to use.
A manufacturer might intentionally change the design to save money on manufacturing. The result is an unreasonably dangerous product. For example, a manufacturer switches to a different material because it is cheaper to purchase than the material called for in the design.
Marketing Defects
If a product can be dangerous, the manufacturer must include warnings if the danger is not apparent to a consumer. They must also include instructions to ensure consumers know how to use the product safely to reduce the risk of danger. If not, they could be liable for injuries caused by a failure to warn.
Can I Recover Compensation if I’m Being Blamed for a Product Liability Case?
California is a pure comparative negligence state. Even if you’re partially at fault for your injuries, you can still recover compensation. However, your damages are reduced in proportion to your share of fault.
What Damages Are Available for a Product Liability Claim in Encinitas, CA?
The damages for a product liability claim include economic damages and non-economic damages.
Therefore, you could receive compensation for your:
- Medical bills and expenses
- Impairments and disabilities
- Rehabilitative therapies
- Emotional distress and mental anguish
- Lost wages and benefits
- Scarring and disfigurement
- Out-of-pocket expenses
- Physical pain and suffering
- Reduction in earning capacity
- Diminished quality of life
- Nursing and/or personal care
In a few personal injury lawsuits, juries award punitive damages. They award punitive damages to punish a defendant. The injured party receives the punitive damages. However, the injured party must prove the defendant acted with oppression, malice, or fraud. Punitive damages are only awarded in a small number of personal injury cases.
What Is the Statute of Limitations for Product Liability Lawsuits in California?
California sets a two-year deadline for most personal injury lawsuits, including product liability lawsuits. If you do not file your product liability lawsuit before that time, you could lose your right to pursue a court case. A judge could dismiss your lawsuit for missing the deadline.
Exceptions to the statute of limitations and the facts of your case could change the deadline to file a lawsuit. Therefore, it is wise to seek legal advice as soon as possible after your injury.
Schedule a Free Consultation With Our Encinitas Product Liability Lawyers
Speak with one of our experienced Encinitas product liability attorneys at Petrov Personal Injury Lawyers to discuss your situation. We can help you uncover the truth about a defective product to help you recover the damages you deserve in Encinitas, CA. Call now for a free case review from an attorney.
