Product Liability
California Product Liability Lawyers
What is Product Liability?
As consumers, we use dozens if not hundreds of different products every single day. These include electronics, prescription and over-the-counter medications, home appliances, cosmetic products, sports equipment, and much more. If you are injured due to a defective product, you may be entitled to recover compensation for the injuries and damages that you sustained based on your state’s product liability laws.
Product liability refers to the legal responsibility that manufacturers, distributors, suppliers, retailers, or other entities involved in the production and sale of a product have for any injuries or damages caused by that product.
What are the different types of product liability claims?
In California, there are three main types of product defects that may result in liability:
- Manufacturing Defects – A manufacturing defect is when a flaw in the manufacturing process creates a product that differs from what the manufacturer intended.
- Design Defects – Design defects refer to a flaw in the design of a product that makes it inherently dangerous, even if the product is manufactured correctly according to the manufacturer’s specifications.
- Warning Defects – A warning defect refers to when a product is dangerous because it lacks adequate warnings or instructions.
How do I know if I have purchased or used a defective product?
Not every product that breaks or fails while being used is defective, and telling the difference can be difficult if you don’t have experience in this area of law. A good rule of thumb is if you were using the product as it was intended, and you sustained an injury or property damage that was not related to normal wear and tear or misuse, then you may have a viable product liability claim.
The Consumer Product Safety Commission offers a list of recalled products, news releases, and safety education materials to keep consumers informed about various products that are known to be defective and present a safety hazard. This list is by no means exhaustive as California product liability law is far broader than just recalled products but it can be a preliminary starting point for determining whether a product is potentially defective.
How long do I have to file a product liability lawsuit?
Product liability cases in California can be complex and may involve lengthy litigation. One important factor to consider when pursuing a product liability claim is the statute of limitations.
Under California law, an injured party generally has two years from the date the injured party knew or should have known of their injuries to file a lawsuit. This means that if you wait too long to bring your claim, you may lose the ability to seek and recover compensation for your injuries or property damage entirely. A product liability attorney can help you understand the statute of limitations in your jurisdiction, ensuring that your claim is filed within the appropriate time frame.
What should I do if I’ve been injured by a product that I believe was defective?
If you believe that you’ve been injured by a defective product, it is very important that you do not discard the product or make any changes or modifications to it. Instead, you should immediately seek appropriate medical attention, safely store the product along with any product packaging, warnings, or instructions that came with it, and save any videos or pictures depicting the incident in which you were harmed as well as the product before and after the incident. Once you’ve taken these important steps, you should promptly reach out to a product liability attorney. A product liability attorney will be able to evaluate your potential product liability claim and advise you on next steps to help you recover fair compensation for your injuries.
How can the attorneys at MSD Lawyers assist you with your product liability claim?
The product liability attorneys at MSD Lawyers used to work at leading international law firms where they defended some of the largest manufacturers, distributors, and retailers in the world. As a result, our attorneys are intimately familiar with the legal defense strategies that companies and their insurers will use to try to deny responsibility for manufacturing and selling defective products that cause harm to consumers. This experience gives us a competitive edge and sets us directly apart from the vast majority of California product liability attorneys who have only practiced plaintiff-side.
Our experienced product liability attorneys will thoroughly investigate your claim, gather relevant evidence, and work closely with experts to determine the type of product defect and damages in question. They will also handle all communications and negotiations with the responsible parties and insurance companies on your behalf, ensuring that your rights are protected. If litigation is filed and the case proceeds to court, your attorney will represent you and help you navigate through the entire process while presenting your case in a way that maximizes your chances of obtaining fair compensation for your injuries and damages.
At MSD Lawyers, we are fiercely dedicated to helping our clients maximize their recovery for injuries and/or property damage that they sustain from defective products while holding the companies that manufacture and sell those products accountable. If you believe that you may have a potential product liability claim, please feel free to reach out to us today for a free consultation.
