Product Liability Attorney in San Luis Obispo, CA

Injured By Defective Products? Trust California Lawyers to Handle Your Case

Injured by a Defective Product? Our Product Liability Attorneys Fight for Wrongfully Injured Victims

When we buy products, we think about brand loyalty and the reasons we like that product — rarely do we think about how this product could hurt us. We trust brand manufacturers to go through the proper motions to make their products the safest they can be. Sadly, this is not always the case and someone gets hurt. Products are often only recalled after an incident has occurred; while this helps protect potential future victims, it does not help those who have already sustained injuries. James McKiernan product liability attorneys have the experience necessary to hold companies and other responsible parties liable in order to ensure wrongfully injured victims receive maximum compensation.

At James McKiernan Lawyers, we want consumer products and motor vehicles to be safe for everyone. Unfortunately, defective products frequently hit the market, causing serious injury and illness to both adults and children. If a defective product has affected you or your family, do not be afraid to take legal action against the negligent party. The California product liability attorneys at our office have the experience and the resources to win cases for those who have injured due to a defective product.

You may be entitled to compensation from the manufacturer, mechanic, distributer, retailer, shipping company or other liable party.

What Are Common Examples of Product Liability?

It is scary to think that something we use every day, like our cars, can be defective. You are already putting your life in your hands by getting behind the wheel — you should not have to be worried about the car or its parts being defective. Sadly, defective cars and car parts are not the only products that threaten our safety. Children’s toys, pharmaceutical drugs, sports equipment, construction materials, medical devices and countless other consumer items are often at the center of products liability lawsuits.

The following are three of the most common reasons that product liability claims are filed.

Motor Vehicle Defects

Accidents usually happen before a recall is ordered. When a hazardous defect is discovered in a line of vehicles, the manufacturer — or the National Highway Traffic Safety Administration (NHTSA) — must notify vehicle owners of the defect and offer a remedy for it, such as free repair. However, if the defect is not related to safety, then it might not be subject to recall. Under federal law, manufacturers or the NHTSA do not have to report defects unless the defect poses a safety risk to drivers and/or passengers. Non-safety-related defects and undiscovered defects are often the basis of products liability lawsuits.

Defective auto parts can cause a variety of accidents and issues, including:

Tire blowouts
Rollovers
Roof crushes
Fires: Burns
Airbag defects
Fuel leaks
Seatbelt defects
Braking hazards

Pharmaceutical Drug Defects

A large portion of the population, young and old, relies on prescription drugs to keep their quality of life intact. Frighteningly, sometimes these drugs which are meant to help can be manufactured improperly which can cause severe illness or even wrongful death. While the Food and Drug Administration (FDA) is responsible for testing and approving drugs, it is not uncommon for defects to emerge in FDA-approved pharmaceuticals. These defects can cause severe health issues in the individual taking them and even to the unborn fetus of a pregnant woman taking defective drugs.

Toy Defects

All parents want to protect their children. In things outside their control — such as buying food, clothes and toys — they put their trust in manufacturers to only use safe and approved ingredients and materials.

When something that is supposed to bring joy to a child ends up injuring them, it is a disheartening situation to be in. Depending on the circumstances, that child could be changed for life, treating toys and other objects meant to bring joy with wariness. If your child has been injured due to a defective toy, then you likely have cause to file a defective product claim against the toy manufacturer as well as other possible liable parties.

Exercise Equipment Defects

Home fitness has become an emerging trend in wake of 2020, and with that comes a lot of expensive and heavy equipment that poses more risk than one would think. Many at-home treadmills and fitness bikes have experienced recent recalls due to functionality and safety issues. Recently, one severe injury involved a three-year-old boy who was found trapped under a Peloton Tread+.

Many active people that experience an injury while training attribute it to the natural wear and tear of their own lifestyle. However, if you have experienced a recent injury due to defective equipment while exercising at home, you may have a case worth exploring. After all, had you been injured while working out at a membership-only gym, you would likely seek restitution from the gym for providing you with faulty equipment or machines.

What Are the Different Types of Product Defects?

Depending on the circumstances of the product defect, you may be able to hold several parties liable for an accident involving the product in question. Typically, you can file a defective product claim against the manufacturers of both the defective product and those responsible for manufacturing the parts of the product, a third-party assembler or installer of the product, wholesalers and/or the retail store that you bought the product from.

The three main types of product liability lawsuits are:

Defective design— If the defect was the result of an inherently dangerous design, such as a choking hazard in an infant’s toy, the damage is likely to be widespread. For example, a defective car design would result in a national and/or worldwide recall.
Inadequate warnings or instructions— Products that do not offer adequate warnings or instructions — such as a “hot coffee” label on coffee pots or medicines without proper side-effect warnings listed on the label — can cause a person to become wrongfully injured.
Manufacturing defect— If an error was made during the fabrication of a single product, such as cough syrup adulterated with arsenic in it or a swing set with a broken chain, you could file a defective product lawsuit based on poor manufacturing controls.

Questions About Product Liability? Call Us Today

Shopping is one of America’s favorite past times. Whenever we buy products, we are rewarding ourselves and our families for our hard work. You should be able to buy toys, food and clothing without fearing for you or your loved one’s safety. When a hazardous product has threatened your family’s safety, it is time to take action. Any of the experienced product liability attorneys at James McKiernan Lawyers offer hard-hitting legal representation for injury victims in California and the surrounding areas in south central California.

We Also Focus on the Following Practice Areas:

Contact our office today or call 800-200-HURT to schedule your free case evaluation.

Defective Products FAQs

If I am injured or a loved one is killed by a defective product, who is liable?

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.

What is a manufacturing and design defect?

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.

If the products contained a disclaimer, can I still file a product liability claim?

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.

What damages can I recover in a defective product case?

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
Future medical treatment
Past wage loss
Future wage loss
Damages for pain & suffering
Damages for emotional distress
Punitive damages (damages intended to punish the manufacturer)

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.

How do you prove a product is defective?

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.

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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]

Kristopher R.

Jamie Lee

Charlie Criner

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

Hilary H

Howard Harvey

Marcos Meraz

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

Do I Have a Case?

Do I Have a Case?

Defective Product Attorneys in San Luis Obispo, CA

400 + 5 Star Reviews!

Kristopher R.

Jamie Lee

Charlie Criner

Hilary H

Howard Harvey

Marcos Meraz

Kristopher R.

Kristopher R.

Jamie Lee

Jamie Lee

Charlie Criner

Charlie Criner

Hilary H

Hilary H

Howard Harvey

Howard Harvey

Marcos Meraz

Marcos Meraz

Let’s WIN Your Case NOW!

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Defective Product Attorneys in San Luis Obispo, CA

Related Practice Areas

400 + 5 Star Reviews!

Kristopher R.

Jamie Lee

Charlie Criner

Hilary H

Howard Harvey

Marcos Meraz

Kristopher R.

Kristopher R.

Jamie Lee

Jamie Lee

Charlie Criner

Charlie Criner

Hilary H

Hilary H

Howard Harvey

Howard Harvey

Marcos Meraz

Marcos Meraz

Let’s WIN Your Case NOW!

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