When is a Product Defective?
A product is considered defective if it poses a danger to consumers without providing a warning or instruction. Product misuse should not be confused with this. In order to prove that a product is defective, it must meet one of the following three criteria:
- Faulty Warnings – If a product does not have adequate warning labels or instructions on its proper usage, it may be unsafe for consumers.
- Faulty Manufacturing – This criterion refers to a product being incorrectly made, resulting in its faultiness.
- Faulty Design – A product may be considered unsafe or defective due to its design.
A knowledgeable product liability lawyer will be able to assess which category your defective product falls under and maximize your potential settlements. Pursuing a product liability claim against a product manufacturer or other liable party can be complex. However with the help of an experienced product liability attorney, you can obtain the justice and financial compensation you deserve.
Common Injuries Sustained From a Defective Product
When a product is defective and causes an accident, these accidents may result in severe injuries. Knowing what kind of injury you have suffered as the result of an accident is an important first step in filing a strong product liability claim.
Some of the most common injuries sustained from a defective product include the following:
Choking
A defective toy may be manufactured incorrectly or may have a faulty design, causing the toy to break into tiny pieces resulting in a choking hazard. This may be extremely dangerous especially for very young children, if not caught in time.
Burn Injuries
According to the NSC, over 6,000 injuries occurred in children aged 0-4 in 2021. These injuries could be the result of appliances with faulty wirings, such as cooking ranges and ovens.
Traumatic Brain Injury
Accident victims may sustain head injuries in numerous different ones. Some TBIs may be caused by defective products, such as sports equipment. One of the most commonly defective sports equipment is helmets. Poorly manufactured helmets may cause grave injuries to the wearer.
Internal Injuries
In most cases, internal injuries may be caused by defective drugs. Other internal injuries are the result of defective products due to bumps and jolts that may occur from faulty manufacturing.
Broken Bones
The NSC also reports that chairs, sofas, and sofa beds can cause 588,000 injuries annually, with young children and older adults being the most vulnerable. These injuries often occur due to manufacturing defects that may lead to broken bones.
Who May Be Held Liable For Your Injuries?
When making a claim for damages for an accident, it is important to identify which negligent party or parties may be held liable. This will depend on various factors, such as the cause of the accident. The responsible parties could include any of the following:
- The product manufacturer
- The manufacturer of a particular defective component
- The party that assembles or installs the product
- The wholesaler
- The retail store that sold the product
You can file a claim for damages against more than one party if a defective product has caused you harm. This could include the retail store, wholesaler, or manufacturer of the product. Everyone involved in the process from manufacturing to selling could be held accountable, depending on the specifics of your case.
Add Weight to Your Claim
When you file a claim against a company for a defective product, you have to be able to prove that they were negligent in their manufacturing or that there was a breach of warranty. This can be complex and difficult, which is why it’s important to have all your bases covered.
Here are some other ways to strengthen your product liability claim:
- Breach of Warranty – A product warranty is a guarantee from the seller to the buyer that the product will work in a certain way or up to a certain standard. If the product does not meet the standards set in the warranty, then a breach of warranty has been committed.
- Strict Liability – When a company is found to have sold a defective product, it can be held liable for any injuries or damage that results from it, even if they were not aware of the defect. This is known as strict liability.
- Negligence – Product manufacturers have a duty of care to ensure that they have provided adequate protection to consumers. Failure to do so would mean that the party responsible may be held liable for negligence.
Common Defective Products
There are many types of defective products that can be found in the market today. The National Recall Index report shares that consumer products, food, drugs, motor vehicles, and medical devices were recalled in 2021, amounting to 1 billion units.
Some of the most common defective products are the following:
- Personal Care Products – Personal care products or skin care products have the potential to cause injuries such as rashes, chemical burns, and in some cases, more serious damage to the body or even cancer.
- Vehicles – Defective motor vehicles may lead to serious problems such as steering issues, latch defects, ignition failure, explosive airbags, and transmission failures. If a car accident occurs due to a defective car part, it can be extremely dangerous and cause catastrophic injuries.
- Toys – Due to their naturally curious nature, children are more likely to use their mouths as a way to explore their environment. Poorly manufactured or designed toys can be potentially harmful and life-threatening. Toys that have small parts which can become detached or contain harmful paint can be dangerous for young children if they swallow them.
- Home Products – Some of the most commonly defective products are home products. The National Security Council reports that over 800,000 individuals were injured due to defective beds, pillows, and mattresses.
- Sporting Products – As mentioned, faulty sports equipment can cause traumatic brain injuries. Poorly designed or made products can result in accidents that lead to serious injury. Bikes, snorkeling gear, and helmets that don’t meet safety standards can be dangerous and cause harm to the user.
Certain Exceptions
Despite the numerous kinds of defective products, there are however other products that are unavoidably harmful. Some products can cause harm because of how they are used. These products include knives, scissors, pesticides, herbicides, guns, and some vaccines. Even though it might be hard to file a product liability claim for these types of products, it can still be done. You must obtain legal representation from a Sacramento defective products lawyer to help you recover the compensation and justice you deserve.
Steps to Take After an Accident From a Defective Product
As the injured party, if you wish to file a product liability claim, there are some steps you can take to ensure the validity of your claim. Our Sacramento defective product attorney has compiled a list of tips to help you preserve the integrity of your case:
- Keep the product, if possible – If it is safe to do so, keep the defective product with you after the incident. This may be a great piece of evidence to strengthen your claim.
- Document everything – Photograph and record both the damaged product and your injuries. Your Sacramento defective products lawyer may also use this as evidence to help strengthen your claim.
- Find out the statute of limitations for your State – To file a valid personal injury claim in the state of California, the claim must be filed within 2 years from the time of the accident. Time is of the essence, so it is important to file your claim as soon as possible.
- Hire an experienced attorney – It is crucial to have a personal injury attorney who is well-versed in product liability claims to help guide you through the legal process of your claim. The lawyers at Farahi Law Firm in Sacramento, California are ready to fight for the justice you deserve.
What Kind of Compensation is Recoverable in a Defective Product Claim?
Accident victims may experience injuries that are debilitating and life-changing. Some accident injuries may result in prolonged medical care.
If you have sustained an injury due to a defective product, it is in your best interest to file a claim to recover compensation for your injuries and damages. As the injured party, you may be eligible for the following compensatory damages:
- Medical bills
- Future medical expenses
- Property damage repairs
- Loss of income
- Loss of wages
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
- Other economic damages
- And more
Injured by a Defective Product? Contact Our Sacramento Defective Products Lawyers Today!
Have you or a loved one been injured in an accident due to a defective product? You may be entitled to compensation for your injuries and damages.
At Farahi Law Firm, our Sacramento defective products lawyers will offer you aggressive representation to ensure you recover the maximum compensation possible for your claim.
Do not hesitate to contact us at (916) 471-4797 for a free, no-obligation consultation. No fees unless we win.