Product Liability Lawyer Serving Riverside & San Bernardino
Global manufacturing facilities distribute millions of new products every year. Of these products, some will possess manufacturing errors, design flaws, or marketing defects that make them unfit for use. Unfortunately, many consumers don’t find out about these defects until they’ve already caused injuries or deaths. If a product you purchased caused your injuries, California’s product liability laws may come to your aid. Let DeWitt Algorri + Algorri, PC work through the state’s consumer-friendly liability laws with you for maximum odds of compensation.
California’s Strict Liability Laws
California obeys “strict liability” product laws. This means the state will hold manufacturers and distributors strictly liable for injuries and damages their products cause, regardless of whether the company is guilty of negligence. This is good news for consumers, as it takes the burden of proof off their shoulders, for the most part. Strict liability laws will only apply if the situation falls into one of the three main categories of product liability:
- Design flaws. Sometimes product designers make mistakes or errors in judgment that lead to a product with an inherently dangerous design. One example is a piece of playground equipment with a design that pinches small fingers in the hinges.
- Manufacturing errors. Some product defects occur because something goes wrong during production or assembly. An employee or machine on the assembly line might make an error that creates an unsafe product, such as bike chain missing a link.
- Marketing mistakes. There have been plenty of cases where manufacturers intentionally or accidentally left out critical marketing material, such as safety warning labels, possible side effects, or instructions for use. This type of defect can result in a consumer suffering an injury when the manufacturer should have known about the potential for harm.
If one of these product defects exists in the item in question in your claim, you will most likely be able to proceed under the rules of strict liability. This means you will only need to prove that the product had a defect, and that the product caused your injuries. You will not need to prove the defendant’s negligence. You may also have to show you were using the product as the manufacturer intended at the time of the accident.
Why Retain an Attorney in Riverside or San Bernardino?
Although California’s strict liability laws lean in favor of consumers, it is still wise to retain a product liability lawyer. There are dozens of rules, regulations, and protocols a plaintiff must obey for a claim to be successful. For example, there are strict statutes of limitations, or deadlines for filing, that if missed, prevent a plaintiff from securing compensation. In California, an injured person has just one year after the discovery of the injury to file a product liability claim. This is a shorter time frame than most other personal injury claims.
Unless you feel confident in your ability to negotiate with a manufacturer’s insurance company over a settlement for your injuries, talk to an attorney. Our lawyers can take over the claims process on your behalf, arguing with claims adjusters to maximize your settlement. We can also take your claim to court, if necessary. We will do what it takes to help you achieve a fair verdict. Get in touch online to start with a complimentary evaluation.