Were you injured by an unreasonably defective product in Oceanside, CA? If so, the manufacturer, seller, or distributor may be liable for your financial and non-financial losses.
Our skilled Oceanside product liability lawyers can help you get the compensation you deserve under California law. Petrov Personal Injury Lawyers includes a team of talented attorneys with over two decades of experience. We’ve secured $40+ million for injured victims throughout San Diego County, and we’re here to provide the legal representation you need.
How Our Oceanside Product Liability Attorneys Can Help If You’ve Been Injured By a Defective Product
If a dangerous or defective product injures you, your claim will likely be against a large corporation or business. These entities have vast resources to fight lawsuits, including aggressive defense attorneys and unlimited access to those who develop and manufacture their products.
You’ll want to level the playing field to ensure a fair outcome. That’s why you need to hire an experienced product liability lawyer in Oceanside, CA.
If you retain Petrov Personal Injury Lawyers to handle your defective product case, we’ll:
- Thoroughly investigate the product that injured you and determine how it was defective
- Research to determine if other people have experienced similar incidents or if recalls have been issued
- Consult leading experts and specialists to explain complex aspects of your case
- Gather the evidence needed to prove your damages
- Negotiate with defense attorneys, insurance companies, and others on your behalf
- Handle all paperwork and filings and monitor deadlines
- Litigate your case in court if we don’t reach a fair settlement agreement
Our Oceanside personal injury lawyers work on a contingency fee basis and offer a free, no-obligation case evaluation. That means you owe nothing to discuss your claim with an experienced attorney or to hire us for representation. You only pay if we secure a financial recovery for you. Call our law office today to learn more.
What Is Product Liability in California?
U.S. companies, including manufacturers, distributors, and sellers, are expected to follow safety procedures and regulations to ensure their products are safe for consumer use. However, shortcuts or money-saving measures are often implemented, and honest mistakes happen.
That’s where California product liability law comes into play. Those who place goods or products in the stream of commerce may be held strictly liable for defects that cause harm to consumers.
In a strict liability claim, you don’t need to prove that the defendant breached a duty or otherwise acted negligently. You simply must demonstrate that they released the product to the market, that you used it in a reasonably foreseeable way, and that it contained a defect that harmed you.
Three common types of product liability causes of action are defective design, manufacture, and marketing, as explained below. However, some cases are based on negligence or breach of warranty.
A product is defectively designed if there is a flaw in its design that creates an unreasonable risk of harm. No matter how the product is assembled or manufactured, it is hazardous to use. It doesn’t perform its intended function as safely as a reasonable person would expect when used in a foreseeable manner.
In some design defect cases, the defendant may argue that the benefits outweigh the risks. However, you can argue to the contrary. For example, you can offer evidence of a similar product with a safer design.
A manufacturing defect exists when the product differs from its intended design or from other units in the same product line. An issue during the manufacturing process makes the product dangerous or defective. This may affect one single item or a batch of products.
For example, contamination, installing the wrong-sized bolts, or using cheaper materials can all lead to manufacturing defects.
Failure to Warn/Marketing Defects
Some products, by their very nature, are inherently dangerous. However, companies have a duty to warn consumers of the potential risks of using their products. That’s why many items contain warning labels and/or instructions on how to use or assemble them. This gives consumers the information they need to avoid harm or refrain from using the product.
For example, drug manufacturers must include warnings about potential side effects when taking prescription medications. These risks must be generally known and accepted by the scientific community.
How Do I Prove My Product Liability Case?
In cases based on strict liability, the elements are typically:
- The defendant manufactured, distributed, or sold the product
- It contained a defect when it left their possession
- You used the product in its intended manner
- The defect was a substantial factor in causing you harm
However, many product liability claimants also allege that the defendant was negligent, which requires proving the following elements:
- The defendant failed to use the standard of care that a reasonably careful designer, manufacturer, supplier, etc., would’ve used under similar circumstances to avoid harm
- The defect directly caused your harm
- The defendant’s negligence was a substantial reason for your injuries
Many product liability cases involve several causes of action. For example, you may allege that a product suffered from a design defect and failure to warn and that the manufacturer was negligent.
Regardless, the types of evidence you’ll need to prove your case include:
- Medical records and statements
- Opinions from experts, such as engineers, medical professionals, safety experts, and more
- Physical evidence, such as the product that injured you and its packaging
- Safety testing documents
- Evidence of recalls, lawsuits, or similar complaints
- Photos and videos
- Accident reports
- Employment records
Product liability cases are complex, involving technical issues, large corporations, and oftentimes, multiple defendants. Our Oceanside personal injury attorneys can help you prove your claim.
We Handle All Types of Product Liability Cases in Oceanside, CA
Our personal injury lawyers in Oceanside handle all types of product liability claims, including those involving:
- Cosmetics and sunscreens
- Hair products
- Auto parts, such as faulty airbags or brakes
- Medical devices, such as hernia mesh
- Medications and prescription drugs
- Children’s toys
- Pesticides, such as Roundup
- Electronic devices
- Chargers and batteries
- Heavy machinery
- Power tools
- Household cleaning products
If any of these or another product has caused you harm, contact us today for a free consultation.
What Is the Value of My Oceanside Product Liability Claim?
Each defective product claim is unique to the victim, so every case has a different value.
Some factors that can affect your legal claim include:
- The severity of your injuries and how they have and will impact your life
- The type of product and defect involved
- The at-fault party (e.g., a large corporation or small business)
- The cost of your medical treatment and other expenses
- Your lost income and whether you’re able to continue working
- Whether you were using the product as intended (or in a reasonably foreseeable way) when you were hurt
Many things can impact what your case is worth. The best way to understand your claim’s value is to contact our experienced product liability attorneys for assistance.
What Types of Compensation Can I Recover in a California Product Liability Case?
If you were injured by a defective product in California, you may be entitled to compensation for your economic and non-economic losses.
Economic damages represent the financial impact of your injuries, including:
- Medical bills
- Future medical expenses for ongoing care, treatment, and follow-ups
- Lost wages and benefits
- Reduced earning capacity
- Physical therapy
- Out-of-pocket expenses
Non-economic damages are the subjective and personal losses you’ve experienced due to the defective product injury, including:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Physical scarring or disfigurement
- Permanent disability
Some victims may also be eligible for punitive damages, which punish a defendant for egregious behavior. For example, a company that knew its product posed a significant risk of cancer and failed to disclose it may be on the hook for punitive damages.
What Injuries Can Be Caused By Defective Products?
Dangerous or defective products can cause a range of injuries. For example, you might be burned by a faulty toaster or develop cancer from using a popular weedkiller.
Our Oceanside law firm can help regardless of the type of harm you sustained, including but not limited to:
- Brain injury, including concussion
- Back injury
- Respiratory illness
- Broken bones or fractures
- Spinal cord injury
- Cancer or other diseases
- Nerve damage
- Burns and electric shocks
- Soft tissue injuries
- Facial injuries, such as to the eyes or nose
- Internal organ damage
- Choking injuries
Sometimes, a product can lead to the wrongful death of a family member. Our Oceanside product liability lawyers will pursue damages for the tragic loss of your loved one.
How Long Do I Have To File a Product Liability Lawsuit in California?
Most claimants will have two years from the date of their injury to file a product liability lawsuit. However, there may be exceptions to this statute of limitations, so you should consult an attorney right away.
If you fail to file your claim within the applicable timeframe, you’ll be barred from holding the responsible company liable for your damages.
Schedule a Free Case Assessment With Our Experienced Oceanside Product Liability Lawyers
If you were injured by a defective or dangerous product in Oceanside, CA, it’s essential to take legal action right away. Evidence can be lost, and it takes time to build a strong personal injury case.
Contact our law office to schedule a free initial consultation with a