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Every consumer has the right to use safe products. Multiple parties could be found liable if a product malfunctions unexpectedly and causes injuries to users. California’s premises liability law allows individuals injured in such an incident to receive compensation from those responsible.
Filing a product liability claim involves many steps, making experienced legal counsel from a personal injury attorney essential. Contact a Fallbrook product liability lawyer for help building a strong case and recovering the compensation you deserve.
California law protects individuals who have sustained injuries due to a defective product. To move forward with a claim, you must understand how the following factors influence your case:
The state’s statute of limitations generally allows you two years from the date of your injury to file a product liability lawsuit.
To have a valid claim, a product’s defect must fall into one of the three legally recognized categories: design defects, manufacturing defects, or failure to warn.
To receive compensation, you must demonstrate that the manufacturer is responsible for at least part of the damages you sustained as a result of a defective product.
Unlike other personal injury cases, proving fault is not necessary in product liability claims. If a product is defective, and that defect caused your injuries during normal use, your claim is likely to be valid.
California uses a comparative negligence system, meaning your compensation will be reduced by your percentage of fault if you were partially responsible for your injuries.
To maximize your payout, an experienced product liability lawyer in Fallbrook may also recommend pursuing negligence and breach of warranty claims.
The key to filing a proper product liability claim is understanding what exactly warrants such legal action. Common examples of product defects include:
A manufacturing defect arises when a product’s error occurs during the production process. These defects can make an item unsafe to use. For example, a car with a malfunctioning brake system due to an assembly line error may pose serious risks.
Flaws in a product’s original design make it dangerous despite careful manufacturing. In addition, design defects can affect an entire product line.
Marketing defects occur when a product lacks adequate warnings about its potential hazards. Manufacturers and sellers can both be held liable if a product poses hidden dangers and does not provide warnings. For example, a pain relief patch that causes a burn when exposed to direct heat must have a warning on its label or packaging. A lack of warning in a product’s instructions could be the basis for a premises liability lawsuit.
To strengthen your claim, a Fallbrook product liability attorney could collect high-quality evidence that demonstrates how a product caused your injury.
If a defective product has caused you injury, you have the right to recover damages. An attorney could help you file a claim against the manufacturer or designer to cover all the expenses related to your injuries and their impact on your quality of life.
An experienced Fallbrook product liability lawyer from Lathrop Law Firm could help you understand how to claim maximum compensation. We work hard to minimize your stress and protect your rights. Call us today to schedule a consultation.