Defective Product Attorneys in San Luis Obispo, CA
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.
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
- 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.
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.
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 at (805) 222-7654">(805) 222-7654 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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