product liability lawyer

Victim of a Defective Product? Why You Need A Product Liability Lawyer

Various products have been created and manufactured over the years to help mankind progress and function in day-to-day life. From the creation of the printing press to handheld gadgets, the goal of the invention and dissemination of products has always been to help make life easier. 

Nowadays people seem to have grown more obsessed with owning all kinds of new and innovative products being sold on the market. With the increased demand for high-tech goods, brands have tried their best to jump on the bandwagon — to create interesting and modern products their clients will love. 

Personal spending has averaged $6102.36 billion from 1950 to 2021. Studies have shown that manufacturing accounts for 12% of the US economy, thanks to the high demand for goods. It is evident that the great increase in consumer demand is what continues to push manufacturers to increase their productivity through the years.

With the influx of new products and manufacturing year after year, it is not unusual to wonder whether or not these products pose potential dangers to consumers. 

Possibly the most popular and infamous product liability case known to the public is the case of Philip Morris U.S.A. v. Williams, wherein Mayola Williams sued Philip Morris for negligence, strict product liability, and fraud for her husband’s death. Philipp Morris eventually awarded Williams $79.7 million in punitive damages.

What Can a Product Liability Lawyer Do For You?

Product-related injuries are more common than people may think but the U.S. Consumer Product Safety Commission (CPSC) actually issues approximately 300 product recalls each year. In 2021, the CPSC recalled the following products for hazardous conditions:

  • Karma’s Far infant bath seats failed to meet the federal safety standard for infant bath seats
  • 3,265 units of KTM North America’s Off-Road Motorcycles were recalled due to front brake failure
  • Costco Warehouse offered a full refund for Northern Lights Alaura two-tone jar candles due to laceration and fire hazards
  • Hong Kong China Electric Appliance Manufacture Company (HKC) recalled about 77,900 units of their ceiling fans due to blades detaching while in use
  • -About 11,340 units of Pacific Cycle’s Schwinn Electric Scooters were recalled due to fall and injury hazards
  • Target requested customers to return their purchased decorative mailboxes due to laceration hazards. The company offered a full refund in the form of gift cards.
  • GE Appliances recalled about 132,000 units of free-standing and slide-in ranges due to a tip-over hazard
  • About 10,000 units of children’s robes purchased from Mark of Fifth Avenue were recalled due to failure to meet federal flammability standards for children’s sleepwear 

These are only a portion of the products recalled in December of 2021. These types of product defects can cause severe injury to consumers if not recalled immediately. d

If you or a loved one has sustained injuries due to a defective product, it is within your legal right to claim compensation for your damages. A product liability attorney will be able to determine the compensatory damages you can be awarded for your claim.

Types of Compensation 

As the injured party, you are eligible to receive fair compensation for the injuries and damages a defective product might have caused you. Depending on the details of your case, you could be compensated for the following:

Special Compensatory Damages

These are monetary costs incurred due to an injury. This compensation may vary from person to person, depending on the factors of their claim, such as:

  • Loss of wages
  • Loss of future earnings
  • Medical bills
  • Future medical costs (e.g. physical therapy)
  • and more

General Compensatory Damages

This type of compensation is meant to pay victims for any non-monetary damages, including:

Wrongful Death Damages

In the event that a defective product causes fatal injuries, the surviving family and loved ones of the victim may file a wrongful death claim for the damages, with compensation for:

  • Funeral expenses
  • Loss of financial contribution
  • Loss of support
  • Loss of consortium 
  • Loss of companionship
  • and more

Types of Product Liability Claims

In California, there are three categories that may fall under a product liability claim.

Defective Design

A design defect signifies a design flaw in the original model of the product. This means that no error was made in the manufacturing process. In this case, the designers of the product may be responsible for failing to take possible risks into account when designing, thereby creating an unsafe product. 

Common examples of products with defective designs could be in the case of furniture such as drawers or tables that can easily topple over or toys that contain small detachable components that create choking hazards. 

If a case goes to court, the California court uses two tests to determine liability. These tests are the risk/benefit test and the consumer expectations test. 

Manufacturing Defect

If an injured party claims that their injuries were caused due to a manufacturing flaw, their product liability lawyer may file a claim for strict liability. A defect may occur during the construction of a product or item. Product manufacturers are still held liable regardless of whether or not they took care during the manufacturing process. A plaintiff will need to prove that the product defect that caused their injuries was present even before having acquired the said item. 

Common examples of manufacturing defects could include the use of inappropriate screws or bolts, incorrectly assembled parts, and badly installed wiring. These kinds of defects could lead to catastrophic injuries, greatly affecting an accident victim’s life.

Marketing Defects

Marketing defect claims could include a failure to warn and failure to provide instructions for safe use. The manufacturer will not be considered a liable party for failing to warn clear risks, such as the sharpness of gardening shears or the possibility of burns from a stove. Personal injury claims that are categorized as marketing defects more popularly involve pharmaceutical claims wherein there is a failure to warn consumers of the side effects that may arise due to the medication.

An injured consumer would need to prove that they sustained injuries from the defective drug or product due to the absence of disclosure of the possible risks. Victims also need to prove that they had been using the product as intended.

These types of claims can be highly technical. A skilled product liability lawyer should have the knowledge and resources to help determine the best course of action to take when handling your products liability claim.

Why Should You Hire a Product Liability Lawyer?

Collecting evidence for your defective product claim in California can be difficult without the proper legal assistance. A defective product attorney can help guide you through the claims process and strategize how best to go about your case. 

An experienced attorney will be able to:

  • Understand and know how to navigate California product liability and strict liability laws
  • Comprehend burdens of proof
  • Understand the rules of civil procedure
  • Foresee possible and probable defenses of the defendant
  • Understand rules of evidence
  • Be familiar with the trial process

As seen in the previous examples given, there are many kinds of defective products that could potentially harm you or your loved ones. At Farahi Law Firm, our personal injury lawyers have years of experience handling product liability claims. 

Below is a list of some of the common product liability cases defective products lawyers handle:

  • Defective cars or vehicle parts
  • Defective child care products
  • Defective toys or recreational equipment
  • Dangerous or defective pharmaceuticals
  • Faulty home products or appliances

 Injured Due to a Defective Product? Call Us!

Have you or a loved one sustained injuries due to a defective or dangerous product? Don’t hesitate to contact an experienced product liability lawyer to handle your case. 

At Farahi Law Firm, not only do we win our clients the maximum compensation they deserve, we also ensure that they receive the proper care from the appropriate medical professionals. Our skilled team will handle all the details of your case, so you only need to focus on making a full recovery. We take care of all the paperwork and ensure that you won’t need to pay any bills out of pocket. 

We work on a contingency basis, which means we don’t collect fees unless we win! Contact us today or call us at (844) 824-2955 for a free case consultation. We speak English and Spanish.

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