San Diego Defective Products Lawyers CA

When is a Product Considered Defective?

A product is considered defective if it is dangerous to consumers without any warning or instruction. However, this must not be confused with product misuse. To prove that a product is defective, it must meet one of the following three criteria:

• Faulty Design – The product is unsafe due to its defective design
• Faulty Manufacturing – This refers to an error that occurs in the manufacturing process of the product.
• Faulty Warnings – If the product lacked adequate warning labels and proper instructions on usage, it may be unsafe for the average consumer.

A skilled San Diego defective products lawyer will assess which category the defective product falls under and make sure you recover fair compensation for your injuries and damages.

Most Common Injuries Sustained From a Defective Product

Defective product injuries and their severity will depend on the product defect and the manner in which the accident occurred. Some defective product accidents may lead to severe injuries. These injuries are most commonly the result of faulty heavy machinery or dangerous household items. Knowing what kind of injury you have sustained from the accident is an important first step in filing a strong product liability claim.

Some of the most common injuries may include:

Internal Injuries

Faulty products may cause internal injuries from jolts and bumps that may occur due to poor manufacturing. This is more commonly caused by defective drugs.

Broken Bones

There is a risk of injury from defective chairs and stools due to manufacturing defects. According to the NSC, these defective products led to 588,000 injuries, with young children and older adults being among the most vulnerable.

Burn Injuries

Defective home products may cause burn injuries. The NSC reported that in 2021, over 6,000 injuries occurred in children ages 0-4. These injuries may have been caused by appliances with faulty wirings, such as toasters and blow dryers.

Traumatic Brain Injury

There are many different types of products that can cause someone to sustain a head injury. Some of these injuries may be caused by defective products, such as sports equipment that is supposed to protect the wearer but does not actually do so.

Choking

Toys with design flaws or are poorly made can become choking hazards for curious children if small pieces from the toy break off. If not caught and remedied in time, such an incident may cause asphyxiation and be extremely dangerous.

Who May Be Held Liable in a Product Liability Claim?

To have a strong and valid claim, you must identify who may be held liable for your personal injuries and damages that occurred from the accident. Depending on the details of the accident, the following people or groups may be responsible:

• 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

Add Weight to Your Claim

When an accident victim files a claim for damages against a product manufacturer and their insurance company, this process can be quite complex and demanding. Therefore, it is important to have a strong case. This can be achieved by basing your personal injury claim on strict liability, negligence, or breach of warranty.

Here are some other ways in which you may make your claim stronger:

1. Breach of Warranty – A product warranty is a guarantee from the manufacturer that the product will work as advertised or meet a certain standard. If the product does not perform according to its warranty, then the company has breached its warranty.
2. Strict liability – Strict liability means that a person can be held responsible for an action that caused harm to another even if this was not their intention. For example, if a store sells a defective product and somebody is injured by it, the store can be held liable even if the store did not know that the product was defective.
3. Negligence – A product manufacturer can be held liable if their negligence resulted in injuries or harm to consumers. This is because they have a duty of care to provide adequate protection against defective products. In some cases, this may even result in death.

Most Common Defective Products

There are many defective products that can be found in the market today. According to Sedgwick’s State of the Nation Recall Index report, there were over 1 billion units of consumer products, food, drugs, motor vehicles, and medical devices recalled in 2021. This number is only expected to grow as defective products continue to enter the market.

Our San Diego products lawyers have observed that some of the most common defective products are among the following:

Sporting Products – If a sporting product is defective, it can cause an accidental injury, and more severe accidents may cause brain damage. This is why it is crucial for all sports equipment to meet safety regulations. Poorly designed bikes, faulty snorkeling gear, and defective helmets can all be extremely dangerous for the people using them.

Personal Care Products – Defective personal care products may cause a variety of injuries to users, from skin irritations to more serious health problems. In some cases, these defective products may even lead to cancer.

Home Products – Defective home products can be extremely dangerous, most especially if they are defective gas heaters or overheating refrigerators. Accidents that stem from these defective home products can result in permanent injuries and significant property damage.

Vehicles – There are many potential dangers that can come from defective car parts, ranging from steering issues, bad tires, and faulty airbags. These defects often lead to accidents, which can be extremely dangerous and result in severe injuries.

Toys – Children put objects in their mouths due to their explorative nature. However, this becomes dangerous when a child plays with a defective toy or child products. Toys with small parts that break off or are made with toxic chemicals are hazardous to children.

Certain Exceptions

However, some products are more dangerous than others, such as knives, guns, pesticides, cutting tools, and herbicides. While it may be difficult to prove product liability for these unsafe products, it is not impossible.

You must obtain legal representation from an experienced attorney if you wish to file a claim for compensation. Our San Diego defective products lawyers are here to help.

Recoverable Compensation in a Product Liability Claim

The injuries an accident victim may experience can be severe and life-changing. Some of these injuries may require long-term medical care.

By filing a personal injury claim against the at-fault party, you may be able to recover compensation to help with their recovery. You may be entitled to the following economic and non-economic damages:

• Medical expenses
• Future medical care
• Physical therapy
• Property damage
• Loss of income
• Loss of earning capacity
• Other financial losses incurred due to the accident
• Pain and suffering
• Loss of enjoyment
• Loss of consortium
• Other non-economic damages

If a defective product leads to the death of your loved one, you may be eligible to file a wrongful death claim to recover compensation for their injuries and damages. Although no amount of compensation can make up for the loss of a loved one, this compensation may cover certain expenses incurred due to the accident.

Contact our San Diego Defective Products Lawyers Today!

If you or a loved one have been injured by a defective product, you may be able to get compensation. We understand how tough it is to be injured in an accident, and you shouldn’t have to go through this alone.

 Our San Diego defective products lawyers will fight aggressively to recover the maximum compensation you need and deserve. We will also ensure that your rights are protected from insurance adjusters that may wish to lowball you and lower the value of your claim. 

We will handle all the complex paperwork of your claim so you can focus on your recovery. Will also put you in touch with the best doctors so you get the medical care you need.

We work on a contingency fee basis and offer our clients a No Fee Guarantee. This means you won’t need to pay us a single cent unless we win your case. 

Contact us at (619) 776-3851 for a free consultation today.