Seeking Justice After Injury From A Dangerous Or Defective Product
Manufacturers have an obligation to create and build products safely and properly label them for possible risk of injury to consumers. But every year, poorly manufactured products, products with design defects, and toxic products that are not labeled properly cause tremendous injuries, suffering, and even death. If you or a loved one is a victim of a dangerous or poorly design consumer good or commercial product, how do you get compensation to cover your medical expenses, lost and future wages, and pain and suffering?
Our team at Abogado Maximo is here to help you file a claim for your injuries, negotiate for fair compensation and fight for you in litigation if need be. Our California team has been representing clients in need through personal injury claims for decades, and we know what it takes to get the maximum compensation for our clients. Call us for a free consultation in Spanish or English.
Why Do You Need a Product Liability Attorney in California?
If a risky or faulty product caused you harm, you might be entitled to compensation. Manufacturers and distributors must guarantee that their goods are safe and will not cause harm or sickness when used as intended. Hiring our qualified and experienced product liability attorney will help your case go as efficiently and effectively as possible. Contact us at Abogado Maximo immediately by phone or online for a free legal evaluation.
The Importance of Skilled Negotiators
Never accept a settlement from a corporation before checking with our knowledgeable Los Angeles product liability attorney. If you agree to discontinue your legal lawsuit, corporations that manufactured the faulty product may attempt to offer you a rapid out-of-court settlement. However, this may be less than what you deserve. You must have a competent negotiator advocating for you during the settlement process, even though many cases involving product liability result in extremely advantageous payments to the injured.
Usually, a corporation will immediately offer you a larger payout if you are represented by a professional, well-respected product liability legal firm. The corporation understands that going up against an attorney would involve time and money, so they will be more motivated to give a favorable settlement as soon as possible.
Extensive Legal Knowledge
A thorough and nuanced grasp of product liability law is required for an effective product liability claim. This requires a thorough understanding of rules, regulations, legislation, and case law. Our product liability firm has significant knowledge of the law in the practice area of product liability. We will be able to devise a unique, imaginative, and successful approach to obtain the compensation you deserve.
Be discerning when choosing a product liability attorney with extensive field experience. Our seasoned Los Angeles attorney has decades of experience with product liability cases and a sterling reputation in the legal world. Our track record has earned us the respect of both our colleagues and competitors.
Legal Counsel in the Court
Even though many claims involving product liability are settled before going to court, several do face a trial each year. Typically, this occurs when a business refuses to compensate an injured product user fairly in an out-of-court settlement. For this reason, you must retain our trial-ready product liability attorney.
The facts you must show in a product liability case are contingent on the legal approach you and our attorney select. You must demonstrate that a harmful or faulty product injured you. You will be required to present medical documents, and a physician may be required to testify to your medical condition. You may also need witnesses, pictures, videos, or other proof to establish that the product caused your injury.
It is difficult to prove that a product was harmful or faulty. The manufacturer of the goods may argue that you incorrectly utilized it or ignored warning labels. You need a seasoned attorney to oppose such claims properly. You can benefit from our talents and resources as we thoroughly investigate your accident, collect relevant evidence, and formulate a persuasive legal argument.
We Understand the Statute of Limitations
Individuals injured by a harmful or faulty product in California have two years following the occurrence to start a lawsuit. If you file a case after two years, it will almost probably be dismissed, and you will lose the right to seek compensation. Our skilled Los Angeles product liability attorney will guarantee that your case is prepared before the deadline so that you may submit your complaint.
In some circumstances involving product liability, it is evident when the two-year clock begins. In others, it may be more challenging to pinpoint when the clock started to run. Typically, the statute of limitations begins to run when you are initially diagnosed with a medical issue or when you should have reasonably found it.
You can still bring a product liability lawsuit even if you don’t discover the connection between your disease and a risky medicine until much later. However, it would be best if you acted quickly. Call our Los Angeles law firm today.
What Constitutes Product Liability?
The term “product liability” refers to the responsibility of a business owner or manufacturer for injuries caused by a faulty product. Businesses are responsible for protecting consumers from damage when utilizing their products.
What Are the Most Common Defective Products in California?
Each day, consumers purchase a wide variety of substandard items. Some defects pose grave dangers to users, resulting in significant injuries or even fatalities. The ten most prevalent forms of defective items are as follows:
This can include carbon monoxide poisoning, faulty brakes, rapid unplanned acceleration, blown tires, and seatbelt failure. Abogado Maximo is a recognized and reliable law office to solve your legal problems about defective vehicles.
When purchasing toys and similar items for your children, you believe they would not damage them. If they do, however, it is because something was neglected and generated a significant problem that must be addressed. Let us hold accountable those responsible so that this does not occur again.
Domestic equipment can be hefty, pose a fire threat, or present several other hazards. If quality is not guaranteed, products should not be made available for sale or distribution to the general public.
Dressers and other furniture pieces have recently been responsible for the deaths of children by falling on them and crushing them.
When you’re struggling to survive a medical emergency, you should not be concerned that a medical product would worsen your situation. Our professional product liability attorney has secured significant settlements and verdicts for California victims of defective medical equipment.
Chemicals and Cleaning Items
Any interaction with indoor and exterior cleansers is exceedingly harmful. Manufacturers and distributors of cleaning goods were not required to disclose the components of their kitchen sprays, disinfectants, soaps, detergents, etc. Some toxic substances can induce allergic responses, sickness, extreme irritation, cancer, congenital disabilities, and other severe adverse effects.
We eat food and drink without much concern about whether they may make us ill. We should not be concerned about pollutants producing severe adverse effects. When a contaminated food issue arises, it is typically due to carelessness or misconduct in the food and beverage business. Food handlers must adhere to tight norms, laws, and regulations. Failure to do so may be grounds for a product liability case.
Manufacturing Machinery and Equipment
Safety is paramount while dealing with large, heavy, rapid, noisy, and hazardous tools and equipment. Organizations like OSHA work relentlessly to guarantee that correct procedure is required and followed so that employees are protected from potentially disastrous scenarios.
A large number of sports-related injuries are recorded every day, proving that sports may be risky. Sporting equipment is a crucial component of numerous sports worldwide. Sporting equipment, such as baseball gloves, weight-lifting equipment, water-sport equipment, etc., must adhere to region-specific specifications. Athletes and spectators rely on the efficacy of these goods to ensure their safety.
Clothing, Jewelry, and Fashion Accessories
People dress daily for work, school, errands, events, leisure activities, etc. It is possible to miss the most minor details in favor of the anticipated norms. Here is where the most significant errors arise.
Please contact our highly competent and experienced product liability lawyer in Los Angeles if you have been injured due to a dangerous product. Call us today at Abogado Maximo for a free legal evaluation.
What Are the Classifications of Defective Products?
Based on how the product hurts the user, defective items fall into one of three categories. The following are:
- Design Defects. A design defect happens when there is a flaw in how the product is meant to be created.
- Manufacturing Defects. A manufacturing defect refers to one that happens during the creation of the product itself. The design is sound, but the way it was manufactured created a potential hazard.
- Failure to Warn. The maker may be held accountable if a product is not labeled correctly or lacks critical information on how to utilize the product. Failure to notify the customer about potential dangers or offer usage instructions can result in severe or catastrophic injuries and even wrongful death. This can include failing to provide a warning against expected uses. Because of these claims, “do not submerge in water” labels are commonly found on electrical gadgets.
In general, a product manufacturer can be held accountable for injuries caused by that product. The company that developed the product is in the most fantastic position to comprehend its usage and any possible risks. Notably, everyone in the distribution chain is responsible for damages in California. This includes, for instance, the product’s retailer and distributor. This becomes especially significant when the product in question is manufactured elsewhere.
How Can You Determine Whether You Have Bought or Used a Defective Product?
It can be challenging to distinguish between faulty and non-defective products that break during use. A reasonable rule of thumb is that you may have a product liability claim if you were using the product as intended and suffered harm that was not caused by natural wear and tear or incorrect use.
The Consumer Product Safety Commission provides a list of recalled items, news releases, and safety education materials to keep consumers aware of products that pose safety risks. It may not contain every damaged or problematic item, but it is a helpful starting point for investigation.
Consumers should be informed of all available resources to assist them in a significant injury or wrongful death caused by a faulty product. However, such recalls do not substitute California’s product responsibility and safety regulations. Typically, these statutes are broader than recall lists.
Guidance In Your Liability Claim
There is any number of different products that can result in a product defect injury. Federal and state laws regulate the manufacture and labeling of consumer goods and commercial products, including:
- Cars, trucks, motorcycles, bicycles
- Toasters, air fryers, refrigerators, washers, dryers
- Children’s toys, clothing, foods
- Gardening hoses, yard chemicals, pool supplies
- Lawnmowers, chainsaws, woodworking tools
These products can result in serious injuries, such as:
- Severe lacerations
- Lost limbs
- Loss of sight
- Loss of hearing
- Traumatic brain injuries
- Long-term diseases
Depending on the nature of the incident, you may have a claim against everyone in the stream of commerce, from manufacturer to retailer. Corporate manufacturers and retailers have huge budgets for defending liability claims to protect their bottom line. Discerning if your injuries qualify for compensation by a corporate manufacturer or retailer is best handled by an experienced personal injury attorney. This is the reason you must have legal representation you can trust to stand up against corporate giants.
What Are the Important Things When Establishing a Product Liability Claim?
Certain parts of a personal injury claim must be demonstrated to get damages for losses such as medical bills and lost wages. In a lawsuit involving product liability, negligence is the most crucial element. Manufacturers have a duty of care.
They are viewed as reckless if they fail to carry out this duty of care by not taking reasonable precautions to ensure customer safety. Other considerations that must be demonstrated in a lawsuit involving a faulty product include:
- The product was defective.
- The problem existed before the product’s release by the manufacturer.
- The defect resulted in your injuries or damages.
Typically, a lawsuit involving product liability will rest on manufactured products, faulty design, and failure to warn.
What is the Typical Settlement for a Product Liability Lawsuit?
Many prospective customers are understandably curious about the average settlement for product liability lawsuits. However, there is no particular amount because no two situations are identical. A faulty domestic appliance cannot be compared to a defective medical device. Instead of researching how typical cases are settled, speak with our California product liability attorney about the value of your case.
What Recoverable Damages Can You Get for the Injuries That You Sustained?
Defective items might injure users and spectators alike. Victims suffering from severe injuries caused by a product must deal with expensive medical procedures, extended impairments, and economic loss. Their families must bear the burden of providing care for their loved ones.
Those who sustain the most severe injuries endure a lifetime of expensive treatment plans, surgeries, rehabilitation, lifelong disability, and diminished earning potential. Damages in cases involving product liability may include:
Economic damages are assessed based on a victim’s out-of-pocket costs. They may include missed wages, future lost wages, medical treatment, physical therapy, surgeries, psychiatric counseling, medicines, orthopedic equipment, mobility devices, transportation expenditures, and replacement costs for home services.
These may also be called noneconomic damages. Although difficult to quantify, general damages are an essential component of any damage claim. They are based on the emotional and personal consequences of a person’s injuries. A general damage settlement places a monetary value on pain, suffering, disability, alterations to marital and familial relationships, and other factors.
In suitable instances, judges and juries may impose punitive damages to penalize a product manufacturer for engaging in particularly harmful behavior.
How is Compensation for a Product Liability Claim Calculated?
The estimation of compensation in a case involving a faulty product requires more than a simple calculation. Multiple variables influence your possible settlement value. Type and degree of injury, liability and total damages are among the most crucial considerations.
- Type and Degree of Injury. Your injuries contribute to the potential worth of your defective product claim. A person with a less severe injury that heals on its own will have a lower case value than someone who suffered a catastrophic injury or developed a life-threatening illness.
- Liability. The burden of proof in a claim for a defective product differs from that of other types of personal injury lawsuits. You do not need to establish fault under California’s strict product liability laws; you simply need to show that the defective product caused your injuries while using it as intended. It may sound simple, but it’s rather complicated, which is why you need an experienced and competent legal attorney on your side.
- Total Damages. Your overall amount of damages plays an integral part in calculating compensation in a faulty product lawsuit. Your damages consist of monetary losses such as medical expenditures and lost wages. Intangible losses such as pain and suffering, emotional agony, and loss of consortium are also included.
The court may also award punitive damages in the circumstances involving product liability. Punitive damages are reserved for situations involving willful misbehavior or severe carelessness. The purpose is to “punish” the criminal and serve as a deterrent for future offenses.
An inquiry may reveal that the corporation knew about the flaw that caused your injury but decided to overlook it and continue selling the goods.
How Do We Conduct a Product Defect Case Investigation?
Product defect investigations, like any problematic cases, demand considerable concentration, research, and attention to detail. Our in-house investigator and outside laboratories and specialists provided the assistance we required to locate evidence and uphold our investigation standards. Here are a few of the most important aspects of a product liability case:
The defective product is the most critical piece of evidence in a product defect lawsuit. Our investigator has demonstrated proficiency in collecting goods for non-destructive examination by experts. We have kept damaged goods in a designated facility for proof. Our facilities can also accommodate judges, juries, and defense attorneys to demonstrate how defective goods damaged our clients.
Witnesses frequently give information supporting our client’s account of the events. Witnesses are often aware of things our clients overlook due to their injuries. We’ve depended on our investigators to quickly acquire witness statements before they relocate or forget what they witnessed.
Our investigator took pictures, drew diagrams, and recorded the necessary information to build trial evidence. They have conducted incident site investigations at residential, commercial, and construction sites, public transit venues, and crossings.
Machine or Equipment Maintenance Logs
Our investigator photographs the equipment when industrial equipment causes employee injuries and examines its maintenance and repair records.
Our investigator has received fire reports, police accident reports, and many official documents. Sometimes, these records identify a faulty product as the initial reason.
Government Reports and Data
Injury and cause statistics are compiled by government organizations, including OSHA, CDC, NHSTA, and CPSC. CPSC also documents specific consumer complaints. OSHA examines severe occupational injuries. Employer citations and investigation reports describe equipment flaws and associated workplace safety incidents.
Our detectives have investigated pertinent material from reputable government data sources. Under the Freedom of Information Act, they have received OSHA investigative reports whenever appropriate or necessary.
How Can Our Los Angeles Product Liability Attorney Help?
Product liability lawsuits are intricate and challenging to establish. They entail teams of aggressive insurance adjusters safeguarding the bottom lines of huge corporations. Consequently, you need our seasoned Los Angeles product liability attorney on your side. At Abogado Maximo, we will:
- Collect the testimony of any witnesses to your injuries
- Gather any tangible evidence associated with your injury
- Determine the actual degree and expense of your injury by analyzing your medical data
- Include property damage, lost pay, and pain and suffering in your documentation and calculation of other losses
- Provide you with medical, psychological, and other referrals as required
- Compile evidence from recall announcements and existing independent research regarding the faulty product and any past injuries associated with it
- File product liability lawsuits to seek compensation from all responsible parties
- Negotiate a comprehensive and fair settlement or proceed to trial in your personal injury case
We will keep you informed of the status of your case and maintain the highest quality of representation available from start to completion. We wish to alleviate as much legal stress as possible so that you may concentrate on your physical rehabilitation.
If a defective product caused the death of a loved one, you may have a wrongful death in your product liability claim. Contact us now to book a free legal evaluation with our Los Angeles product liability attorney.
We Can Take Care Of The Hard Part
Juggling your health and your injury claim can cost you progress in both. Our team is not afraid of taking on big law firms to seek the maximum compensation you need to recover from the costs of your injuries. Contact our Los Angeles office today by calling 213-799-1136 or sending us an email to schedule your free initial consultation today.