{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{ "@type": "Question", "name": "If I am injured or a loved one is killed by a defective product, who is liable?", "acceptedAnswer": { "@type": "Answer", "text": "If you or a loved one has been injured or your loved one has been killed by a defective product, the manufacturer of the product, any company that was involved in the marketing of the product, and even the retailer may be liable for damages. It all depends on who it goes back to and usually, it will involve several parties. Contact a defective product attorney today. We will be able to help you investigate the situation and determine what your next steps should be." } }, { "@type": "Question", "name": "What is a manufacturing and design defect?", "acceptedAnswer": { "@type": "Answer", "text": "A manufacturing defect is when the product left the manufacturer’s control and then the intended results were not achieved. It somehow differed from the manufacturer’s intended results but was marketed as the same type of product. For example, it could be a watch that explodes when it gets a little warm. On the other hand, a design defect is when the product is manufactured exactly as was intended, but there was a legally defective design flaw. There are two different tests to determine whether or not a design is effective. One is a consumer expectation test to see if a product will perform as safely as an ordinary consumer would expect. The next is a risk benefit test where the question is asked if the danger of the product outweighs the benefits." } }, { "@type": "Question", "name": "If the products contained a disclaimer, can I still file a product liability claim?", "acceptedAnswer": { "@type": "Answer", "text": "If a product contains a disclaimer, you can still file a product liability claim. A product manufacturer cannot release themselves of all liability simply by placing a disclaimer on a product. Any product that is released to the general public (and even in private) can still be legally defective if there is not a suitable warning regarding the dangerous situation. If you think that you have a defective product claim, you need to contact a defective product lawyer at James McKiernan Lawyers to help you deal with all of the details of your case." } }, { "@type": "Question", "name": "What damages can I recover in a defective product case?", "acceptedAnswer": { "@type": "Answer", "text": "Call us today (800) 200-4878 to discuss your case. If you are able to prove that a product is defective, then you are able to recover the following damages from your defective product lawsuit: *Past medical treatment. *Past wage loss. *Damages for pain & suffering. *Punitive damages (damages intended to punish the manufacturer). *Future medical treatment. *Future wage loss. *Damages for emotional distress. If the product liability claim results in the death of a person, then his or her survivors are entitled to recover full compensation for all of their economic losses that result from the plaintiff’s death. This includes emotional distress damages that stem from the loss of life. This type of case requires an experienced product liability lawyer who can help you understand all aspects of the case and allow you to grieve in peace." } }, { "@type": "Question", "name": "How do you prove a product is defective?", "acceptedAnswer": { "@type": "Answer", "text":"In order to prove a product is defective, it is best to work with a product liability lawyer who has ample experience. This is because product manufacturers spend hundreds of thousands of dollars to defend the design and manufacturing of their products. If they lose, it can lead to further cases and more consequences for the manufacturer. Therefore, they will not go easy on you. Sometimes, they will try to settle for less than you deserve, which is not fair either. The only way that a plaintiff can be successful in most product liability cases in California is to hire an attorney who has the resources to take on the job. They need to have experience fighting these big-name manufacturers as well. If you think you have a case, or even if you are not sure, contact us today." } }] }

400 + 5 Star Reviews!

Kristopher R.

Chances are you’re here because you or someone close to you has been hurt. Your life has been turned upside down. The “it’ll never happen to me” mentality gets thrown out the window- No pun intended. And chances are you know someone who knows some lawyer who did a thing and blah blah blah. [READ MORE]

Jamie Lee

They handled my case involving a car accident. They’re extremely polite and professional. Any questions I had they addressed them immediately, I never had to wait for a reply. Everything about my experience with this firm has been the absolute best. I without a doubt recommend them [READ MORE]

Charlie Criner

5 Stars! Outstanding firm dedicated to “righting wrongs” for people in need! So glad I contacted [READ MORE]

Hilary H

I am so pleased with James Mckiernan and associates! We had the pleasure of Robert Bell, and he was amazing!! He helped us out tremendously, and would highly recommend him again. Thank you so [READ MORE]

Howard Harvey

Mr. John Hayes had assisted my wife in a settlement and help take good care of her accident claim. He helped to ensure that she receive full compensation through recourse of mediation and gave her security that she was being led in a rightful [READ MORE]

Marcos Meraz

Yes they are very good use them a lot also recommended them they are very good and [READ MORE]

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