Visalia Defective Products Lawyers CA

Philip Morris U.S.A. v. Williams

Probably one of the most well-known product liability cases is that of Philip Morris U.S.A. vs. Mayola Williams. In 1997, Williams sued Philip Morris for the death of her husband, Jesse Williams, on the grounds that Philip Morris neglected to inform its consumers of the health risks when smoking cigarettes.

Williams alleged that Philip Morris was guilty of negligence, strict product liability, and fraud, knowing that cigarettes were addictive and caused cancer, but denied consumers this knowledge. The court found Philip Morris guilty of the death of Jesse Williams, and his widow was awarded $821,000 in compensatory damages and $79.5 million in punitive damages. 

When is a Product Defective?

In simple terms, a product is considered defective when it poses danger to a consumer without warning or instruction. However, this must not be confused with product misuse. To prove that the said product is defective, it must fall into one of the three following criteria:

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

A skilled Visalia defective products lawyer will be able to determine which category your defective product falls under and ensure that you receive the maximum compensation possible for your injuries and damages. 

Most Common Defective Product Injuries

Depending on the product defect and the manner of the incident, some accidents may lead to severe injuries. Most especially if these accidents are caused by heavy machinery products or dangerous household items. Being aware of what kind of injury you might have sustained from your accident is a great first step in building a strong product liability claim. 

Some of the most common injuries from a defective product are:

Traumatic Brain Injury

Many different kinds of products can lead to an accident victim sustaining a head injury. Some TBIs may be caused by defective products, such as faulty sports equipment meant to protect the wearer but fail to do so. 

Burn Injuries

Burn injuries are common with defective home products. The NSC reported over 6,000 injuries occurred in children ages 0-4 in 2021. These injuries may result from appliances with faulty wiring, such as toasters and blow dryers. 

Internal Injuries 

More commonly caused by defective drugs, defective products may lead to internal injuries due to jolts and bumps that may occur from poor manufacturing. 

Choking 

Curious children are often the victims of choking accidents. If a toy is poorly designed or built, its small pieces may break off, causing a child to place this in their mouth, leading to a choking incident. An incident such as this is extremely dangerous if not caught and remedied in time, as it may lead to asphyxiation. 

Broken Bones

Manufacturing defects in chairs and stools may lead to broken bones. The NSC also reports that chairs, sofas, and sofa beds led to 588,000 injuries, with young children and older adults being the most vulnerable. 

Who Can Be Held Responsible for Your Injuries?

To ensure you have a strong and valid claim, you must identify which party or parties may be held liable for your accident-related injuries and damages. Depending on the factors of your accident, the following parties may be responsible for the incident:

• 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

Adding Weight to Your Claim

Filing a claim for damages due to a defective product and going after a product manufacturer and their insurance company can be complex and demanding. This is why you must base your claim on strict liability, negligence, and breach of warranty.

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

• Strict liability – In simple terms, strict liability exists when a defendant (liable party) is responsible for committing an action, regardless of their intent. An example of this would be a retail store selling a defective product that may be held liable for a victim’s injuries even if they were not directly responsible for the defect. 
• Negligence – A product manufacturer may be considered a negligent party if they breached the duty of care that they owe consumers by not providing adequate protection resulting in injuries, harm, and in some cases, death. 
• Breach of Warranty – A product warranty is a guarantee to the consumer that the product purchased will perform in a specific way or up to a specific standard. If the product fails to perform according to its warranty, then a breach has been committed. 

Most Common Defective Products

There are numerous kinds of defective products that can be found in the market today. According to the State of the Nation Recall Index report, over 1 billion units of consumer products, food, drugs, motor vehicles, and medical devices in 2021. 

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

Vehicles – Manufacturing defects in automobiles may result in steering mechanism problems, latch defects, ignition failure, explosive airbags, and transmission failures. Auto accidents due to defective car parts are extremely dangerous and may result in severe crash injuries. 

Personal Care Products – Personal care products such as skin care products may cause injuries such as rashes or chemical burns. More serious injuries could result in damage to the body’s systems or even cancer. 

Sporting Products – As previously mentioned, faulty sports equipment can lead to a TBI. When sporting products do not meet the proper safety regulations they may result in accidental injury. Carelessly designed bikes, poorly made snorkeling equipment, or defective helmets may critically harm the user. 

Home Products – Personal injuries stemming from home products may be the result of defective gas heaters or overheating refrigerators. These kinds of defects can be extremely dangerous as they may lead to catastrophic injuries and significant property damage. 

Toys – Children are known for being extremely curious, and tend to put objects in their mouths as a way to explore their surroundings. This is why much care should be taken when manufacturing children’s toys. Toys with small objects that accidentally detach or contain toxic paint are dangerous to young children that may ingest them. 

Some products, however, are inherently dangerous, such as knives, guns, pesticides, cutting tools, herbicides, and more. While it may be difficult to prove product liability for these products, it is not impossible. 

It is crucial that you seek legal representation from a personal injury lawyer with years of legal experience in handling product liability claims. Our Visalia defective products lawyers are here for you. 

What Kind of Compensation Can Your Recover From a Product Liability Claim?

The sustained injuries an accident victim may experience can be debilitating and life-changing. Some of these injuries may lead to long-term medical care. 

As the injured party, it is in your best interest to file a personal injury claim against the at-fault party to win financial compensation to aid you in your recovery. You may be entitled to the following compensatory damages:

• Medical care
• Future medical expenses
• Physical therapy
• Property damage
• Loss of income
• Loss of earning capacity
• Continued pain and suffering
• Loss of enjoyment
• Loss of consortium
• Other non-economic damages
• And more 

If a defective product led to the wrongful death of a loved one, you may be eligible to file a wrongful death claim for their injuries and damages. It is in your best interest to hire a defective product lawyer to help you through the claims process. 

What Should You Do After an Accident Due to a Defective Product?

Product liability claims may be slightly more complex than other personal injury claims due to many factors. It is important to sustain the integrity of your case. Our Visalia defective products lawyers have compiled some steps you can take to help keep the validity of your claim:

• Keep the product, if possible – Your personal injury attorney may use this as evidence to help strengthen your case. 
• Document everything – Take as many photos or videos as you possibly can of the damaged product and your injuries. Write down as much as you can remember about the incident and your experiences after the incident. 
• Find out the statute of limitations for your State – In California, the statute of limitations is two years from the time of the accident. You must file your product liability claim as soon as possible to ensure you have enough time. 
• Hire a skilled attorney – It is crucial that you hire a knowledgeable defective products lawyer to ensure that you recover fair compensation and that your rights are protected. The Visalia defective products lawyers at Farahi Law Firm are dedicated to helping accident victims get back on their feet. Let us fight for you. 

Contact Experienced Visalia Defective Products Lawyers

If you or a loved one have sustained an injury due to a defective product, you may be eligible for compensation. We understand the difficulties of sustaining an injury from an accident, you must not go through this difficult time alone. 

Our Visalia defective products lawyers are ready to fight tooth and nail with our aggressive representation to get you the medical attention you need and the compensation you deserve. We have recovered millions of dollars for hundreds of clients.

We are committed to winning. This is why we work on a contingency fee basis and offer a No Fee Guarantee. This means you won’t have to pay us a single cent unless we win your case. Contact us at (559) 315-4111 for a free case consultation.