As a consumer, you have the right to feel confident the products you’re using are safe and fit for their purpose. If you buy a product with a design fault or manufacturing defect that causes serious injury to you, you have legal recourse. Defective product liability attorneys help people injured by faulty products to get compensation for any expenses incurred due to the injury.
Types of Defective Product Claims
Defective product claims come in many varieties. Some common examples include:
- Manufacturing defects
- Design faults
- Incorrect instructions
- Lack of warnings
Common Product Defect Injuries
Product defect injuries can come in many forms, including:
- Food poisoning. Poorly stored or prepared food could cause severe food poisoning.
- Burns. Improperly manufactured electrical goods could cause burns to a person or their property due to short circuits.
- Broken bones. Motor vehicle accidents caused by manufacturing defects could lead to broken bones or other severe injuries.
- Other physical injuries or long-lasting side effects. Dangerous medication or faulty medical devices may cause severe injury to their users.
The above are just a few examples of product defect injuries. If you have experienced an injury as a result of a faulty product, talk to a San Francisco product liability attorney to discuss the details of your case.
Who Can Be Held Liable in Product Liability Cases?
Anyone involved in the chain of distribution for a product could be held liable in a product defect lawsuit. This includes designers and manufacturers, distributors, wholesalers, and retailers.
To be held liable, a court must find that the company or individual was responsible for producing or distributing a product that caused harm to someone. For example, the manufacturer might be held liable if the product was designed to work correctly, but a manufacturing defect led to a fault. In contrast, if a product was designed and manufactured correctly but handled in a way that was contrary to the manufacturer’s instructions during distribution, damaging the product, the distributor could be held liable.
How Are Defective Product Claims Proven?
To prove a defective product claim, a plaintiff must demonstrate four things.
- They suffered injuries or other losses.
- The product in question was defective.
- These defects led to the injury or loss.
- The product was used as intended.
If you experience an injury that you believe was a result of using a defective product, try to preserve the product as well as possible for evidence. In addition, keep all receipts, documentation, and other information associated with the product.
Take photographs of your injuries and get records to demonstrate any medical treatment you’ve sought. In addition, try to gather other evidence that shows the defendant was aware of the issue with the product, such as marketing materials or correspondence between yourself and the customer service team.
Seek advice from a San Francisco product liability lawyer who can work with you to put together a claim that clearly demonstrates all four of the points above. This will increase your chances of a successful case.
How Much Time Do You Have to File a Product Defect Claim?
The statute of limitations for product liability cases in California is 2 years from the time the injured party became aware of their injuries. If the defective product caused property damage as well as personal injury, the plaintiff has 3 years to claim for the property damage. However, they still have only 2 years to claim for personal injury.
If the plaintiff was under the age of 18 when they were injured, the 2-year timer doesn’t start to count down until they turn 18. This means the plaintiff has until their 20th birthday to make a claim.
How a Personal Injury Attorney Can Help
Personal injury attorneys help individuals navigate the confusing legal landscape surrounding product liability. BD&J has many years of experience working with this type of case. Our San Francisco product liability attorneys can help you understand what damages you can likely claim, how to prove liability, the timelines you’re required to adhere to, and how to complete the legal paperwork correctly.
Seek Advice Before Starting a Personal Injury Claim
Defective product claims and other product liability cases can be complex. If you’re considering joining a class action or an individual lawsuit, it’s a good idea to speak with a San Francisco product liability accident attorney before filing. A skilled attorney can work with you to compile your case in a way that’s most likely to be successful.
If you want to learn more about filing a personal injury claim, contact us today to request a consultation and learn how we can help your claim have the best chance of success.
