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Product Liability

Northern California Product Liability Attorney

Serving Chico, Roseville & Sacramento

If you or someone you love has been injured by an unsafe or defective product, you have rights. If you require counsel or representation, a product liability attorney from our Chico, Roseville, or Sacramento office can help.

At the Law Offices of Larry S. Buckley, we understand the complex legal, medical, and insurance issues you face when injured in an accident, and we have the experience necessary to protect your rights. To arrange a free, no-obligation consultation with a member of our team, please don't hesitate to contact our Northern California product liability lawyers today.

What is Product Liability?

Manufacturers and designers have a legal obligation to ensure that their products are safe for public use and consumption. If it can be shown that a product is unsafe, the appropriate party can be held accountable for any injuries that result. The area of law that covers this type of negligence is product liability.

The three types of product liability are:

  • Manufacturing Defect - Businesses have an obligation to design and built products to the highest specification; even if a business does not manufacturer its own products, it may still be possible to hold it accountable for damages if it can be shown that it was aware of manufacturing defects in the production process and failed to rectify the situation. A manufacturing defect can occur as a result of improper or defective materials or due to defects occurring from the actual manufacturing process.
    • Examples:
      • Using incorrect materials
      • Using harmful chemicals
  • Design Defect - A design defect is one that occurs in the conception stages of a product, which makes a product inherently dangerous, either for its intended use or for uses that a designer should have anticipated. If a product is inherently dangerous and causes injury to a user, then the designer can be held accountable for damages.
    • Examples:
      • Sunglasses that fail tp protect they eyes from ultraviolet rays
      • A model of car that has a tenancy to flip over when making a sharp turn
  • Failure to Warn - If a product is potentially dangerous or could cause injury if used incorrectly, the manufacturer or designer has an obligation to warn users of these potential risk factors. For example, ladder manufacturers and designers often warn users that the top step of the ladder is not to be used, lest the user fall and injure him or herself because the ladder became unstable. An omission of such a warning would be an example of failure to warn.
    • Examples:
      • Medicine that does have a label that warns you of the site effects

Here's a list of common examples of defective products across various categories:

  • Auto Parts:
    • Faulty brakes
    • Defective airbags
    • Malfunctioning ignition switches
    • Tire defects (such as tread separation)
  • Medical Devices:
    • Faulty pacemakers
    • Defective hip implants
    • Malfunctioning surgical mesh
    • Inferior breast implants
  • Pharmaceutical Drugs:
    • Medications with undisclosed side effects
    • Contaminated drugs
    • Drugs with inadequate warnings or instructions
    • Counterfeit drugs
  • Household Products:
    • Malfunctioning electrical appliances (e.g., toasters, hair dryers)
    • Defective smoke detectors
    • Unsafe furniture prone to tipping over
  • Children's Products:
    • Unsafe toys with small parts that can cause choking
    • Crib defects leading to entrapment hazards
    • Car seats with faulty harnesses
    • Toxic materials in children's jewelry or paints
  • Electronics:
    • Faulty batteries prone to overheating or exploding
    • Defective chargers causing electric shocks or fires
    • Malfunctioning smartphones or laptops prone to overheating or catching fire
  • Food and Beverages:
    • Contaminated food leading to foodborne illnesses
    • Allergen mislabeling
    • Foreign objects in packaged food items
    • Spoiled or expired products sold to consumers
  • Construction Materials:
    • Defective building materials like weak concrete or faulty wiring
    • Substandard insulation leading to fire hazards
    • Flawed roofing materials susceptible to leaks or collapse

Though each case is unique and it's impossible to determine what damages you may be eligible for without first consulting with you, plaintiffs can typically file suit for damages relating to loss of wages, medical bills, and pain and suffering. These compensatory damages are awarded to compensate the victim for both quantifiable and unquantifiable suffering, such as expenses incurred and emotional trauma.

In product liability and premises liability cases, it may also be possible to file for punitive damages to punish the negligent party and help prevent future infractions from occurring. In many instances, it's easier and cheaper for a large company to settle out of court than to dedicate their resources to fix the problem at hand; through punitive damages, we can help ensure companies don't take this easy way out.

If we believe that punitive damages are appropriate in your case, we will pursue this route to help ensure you receive the best possible recovery.

Establishing Liability

California follows a doctrine of strict liability in product liability cases. This means that manufacturers, distributors, and sellers can be held liable for injuries caused by defective products even if they were not negligent. The focus is on whether the product was defective and whether the defect caused harm, rather than on the defendant's conduct.

In a product liability lawsuit in California, the plaintiff (injured party) must prove that:

  • The product was defective (design, manufacturing, or marketing defect).
  • The defect existed at the time the product left the defendant's control.
  • The defect caused the plaintiff's injuries or damages.

The statute of limitations for filing a product liability lawsuit in California is generally two years from the date of injury or discovery of the injury caused by the defective product.

We work with experts to establish liability in personal injury cases. In the case of product liability, the attorneys at our Chico, Roseville, Sacramento, and Redding offices consult with design experts, manufacturing experts, marketing experts, and engineers to determine if a product is dangerous or has the potential to cause injury.

Victims' Rights

The potential for damages in product liability cases is great. However, large businesses will vigorously defend their interests in court and it can be difficult to obtain a successful recovery without representation. To ensure that your rights are protected and your interests served, we highly recommend that you seek legal counsel from an experienced, knowledgeable product liability attorney.

At our Chico, Roseville, Sacramento, and surrounding satellite office locations, we routinely handle such cases and will work tirelessly to see that your rights are upheld. If you have been injured by a defective product, you have a legal right to financial compensation.

Contact Our Product Liability Attorneys

Our aim is to provide our clients with counsel that is not only informative and honest, but respectful, personable, and compassionate as well. We will guide you through every step of the process so that you are well informed of your options and understand the proceedings. We pride ourselves on our customer service and practice it every single day.

To arrange a free consultation with our product liability attorneys - serving Chico, Roseville, Sacramento, Redding, and communities throughout Northern and Southern California - please contact the Law Offices of Larry S. Buckley today.

Why Choose Law Offices of Larry S. Buckley?

  • We Are Experienced

    We have handled almost every type of personal injury case and have recovered millions of dollars.

  • We Are Available 24/7

    We understand that accidents can happen at any time and we're here for you day and night.

  • We Are Committed

    We are focused on providing our clients an exceptional customer service and legal experience.

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