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California Product Liability Attorney
Injured by a Defective Product? Trust A Proven Team.
Americans consume a great deal of tangible goods, which is why there are laws in place to protect consumers from defective and unreasonably dangerous products. This includes product liability, or the liability manufacturers, retailers, and distributors bear for injuries caused by their products.
If you or someone you love has been injured by a product, you may have the right to seek compensation for your damages. However, product liability cases are complex and are not quite the same as other personal injury lawsuits. Winning these cases and securing the compensation you deserve requires the help of proven advocates.
Why Trust Drake Law Firm?
- We focus only on representing injured victims and families.
- We have secured more than $150 million in compensation for clients.
- Our team is equipped with over 100 years of combined experience.
- We do not charge up-front fees and if we don’t win, you don’t pay.
At Drake Law Firm, our California product liability lawyers are available to help you learn more about your rights after a product-related injury. Contact us to request a FREE case review.
What is Product Liability?
Product liability refers to the financial responsibility companies have for damages victims suffer as a result of being injured by their products.
Products liability covers all types of products, including:
- Everyday consumer products
- Furniture, electronics, and cosmetics
- Motor vehicles and auto parts
- Prescription medications and over-the-counter drugs
- Industrial machinery, equipment, and tools
- Recreational equipment, including e-scooters, boats, and ATVs
- Children’s toys
- Medical devices
Types of Defects & Products Liability Claims
Product liability is a unique and complex area of law, which is why it is so important to work with attorneys who have the insight and resources to effectively investigate and litigate these claims.
For example, victims will need to determine and prove what type of product defect was involved in their accident – be it a design, manufacturing, or marketing defect (failure to warn). Products cases also use different theories of liability and standards for proving claims than typical personal injury cases.
In California, product liability cases can be based on various causes of action, including claims of:
- Strict liability: Under California law, entities responsible for bringing a product to market (i.e. manufacturers, distributors, and / or retailers) can be held strictly liable for damages suffered by consumers who were injured when using a product as intended. This means victims do not need to prove negligence in order to recover compensation, but instead must prove a product was in some way defectively designed, manufactured, or marketed. Examples may include a bookshelf designed in a way that makes it prone to tip-overs, or a child’s toy that breaks too easily into small pieces that pose choking hazards.
- Negligence: Though victims injured by products do not have to prove negligence if they plead strict liability, they can bring negligence claims if manufacturers or other parties failed to act with reasonable care in the design, manufacturing, alteration, or rental / sale of products.
- Breach of warranty: Some products cases may involve claims that a manufacturer breached a warranty (including express and implied warranties), which means products failed to perform a certain way based on a manufacturer’s promises.
While every case is unique, all products cases require a great deal of investigation and preparation. Depending on the claims being brought, they may also necessitate the use of expert witnesses who can provide their opinions about the safety and efficacy of certain products, and whether safer designs were feasible and available at the time a defective product was made.
What Damages Will I Be Able to Recover?
Just like other personal injury claims, product liability lawsuits allow victims to recover financial compensation for the economic and non-economic damages they suffered as a result of their product-related injuries. This may include:
- Past and future medical expenses
- Costs of therapy, medical devices, or assistive care
- Lost wages and lost future income
- Physical and emotional pain and suffering
Product injuries have the potential for devastating repercussions that deeply affect the physical, emotional, and financial well-being of victims and their families. In some cases, including those involving catastrophic injuries and wrongful death, they may have life-altering consequences.
Holding Corporations Accountable
Products cases are important for several reasons:
- They can provide victims with financial compensation for their damages, including their lost income and future earnings, pain and suffering, and medical expenses, among other economic and non-economic damages.
- They may potentially prevent others from suffering harm by alerting the public to potential defects and / or compelling companies into recalling or fixing products.
- They hold corporations accountable for failing to ensure the safety of their products, which often results from cutting corners or placing profits over people.
Product liability claims require victims to face off against big corporations and insurance companies that leverage their wealth to defend against claims. With the help of award-winning attorneys like those at Drake Law Firm, you can benefit from the support of advocates who have the resources to level the playing field and ensure companies are held accountable.
Call to Request a FREE Review of Your Case
After suffering a product-related injury, we strongly encourage victims and families to reach out for help as soon as possible. It is also wise to save and preserve the product in question and any related materials so that they can be evaluated and properly preserved as evidence.
Drake Law Firm is trusted by clients across California, and has office locations in Fresno, Stockton, San Francisco, and Los Angeles to serve you. We offer FREE and confidential consultations. To request your FREE case review, call or contact us online.