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Most people think of dangerous product liability cases as huge, time-consuming, and costly. While this is often the case in certain product liability cases, like medical devices, pharmaceutical, automotive design, and car crashworthiness cases, there are some cases in which smaller personal injury firms such as Nunes Law can provide personal service not usually available from large law firms.
In some instances, defective product cases arise out of ordinary everyday products that fail to perform as safely as a reasonable person would expect. Some examples include:
Unlike motor vehicles and other collision cases, dangerous products are strict liability cases. This liability can start with the product manufacturer and continue in the “chain of commerce” to the retail seller. With strict liability, negligence on the part of the designer, manufacturer, or even the seller, does not always have to be proven at trial.
While there are exceptions to this rule, the simple fact that a party designed, made, or sold a dangerous product that caused an injury may be enough to prevail in a product liability claim. In some cases, responsibility or liability may be established simply by showing proof of a product defect that caused an injury to the user or a bystander.
Of course, manufacturers or others who act carelessly or fail to act with care may also be responsible for people injured by a dangerous product. If you have been injured by a defective product, it is important to contact an experienced California product liability attorney immediately to discuss the facts of your case.
As product liability lawyers, we receive many common questions about what a person can do when they’ve been injured by a defective product with design defects, manufacturing defects, or other problems that caused an injury or property damage. Following are some answers to a few of the most frequently asked questions we get about product liability lawsuits in California.
Yes, there is a time limit for filing a claim if you’ve been injured or had property damaged because of a defective product. California’s Code Of Civil Procedure sets a two-year time limit for injuries to a person (CCP § 335.1) and a three-year limit for damage to property (CCP § 338(b)).
The time you have to file a claim starts when the injury or property damage is discovered. For example, if you were burned by hot coffee because of a defective travel mug, under the statute of limitations, that moment would be the start of the two year period. In this case, you would obviously know the injury was caused by the mug right away.
However, it would be different if you suffered organ damage that your doctor later determined was caused by prescription medication side effects. The two-year period would start at the time the doctor discovered the connection between the drug and the damage, not at the time you took the drug or when you found out that you had organ damage.
The law recognizes different types of product defects. Liability for a defective or dangerous product generally falls into one of three categories:
California is also what is known as a “strict liability” state. What this means is that, unlike other personal injury cases, the claimant does not need to prove negligence. One only has to prove that a defect exists and that that defect directly caused injuries or property damage. The defect could be present in an entire line of consumer products or it could be a defect in a single item that was the result of a manufacturing mistake or malfunction.
Everyone involved with bringing a consumer product to market can potentially be held liable if that product causes injuries or damage. Depending on the circumstances, an injured party may be able to file a product liability lawsuit against product designers, product manufacturers or distributors, and wholesalers or retailers who actually sold the product. All have a responsibility to consumers to provide safe products.
The team of experienced trial lawyers at Law Offices of Frank M. Nunes, Inc. knows California product liability law inside and out. Our experience and perseverance have won many of our client’s substantial awards for serious injuries caused by defective products. Testimonials from our previous clients speak for themselves and demonstrate our proven track record of successful litigation.
If you or a loved one have suffered injuries because of design, manufacturing, or marketing defects in any product, getting in touch with a qualified product liability lawyer as soon as possible is crucial. The more time your attorney has to evaluate and investigate your case, the higher the probability of a successful outcome.
Contact us online today or call 559-436-0850 to schedule a free consultation. We’ll be happy to go over the details of your case, give you a free case evaluation, and discuss what we can do to help you
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I have worked with a number of attorneys over my 73 years. When I found myself a victim of a rear end auto accident and with Insurance Companies giving me the good old run around treatment, I knew I needed help. Dreading to talk with one of the attorneys I used in the past because I deemed them as big a problem as I was encountering, I decided to look for a new face to represent me. I found Frank Nunes and his staff of professionals, from the moment I met and counseled with them they helped me get my life back on track both physically and legally. If I ever need a counselor for any legal matter in the future, I will be seeking the advice and counsel of Frank Nunes and his staff of professionals.
Thanks, Frank and all your staff, for all your help both personally and legally.
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Mr. Nunes is very good at his job. He even continued to help me after he got paid and even just checked in to see how I was doing.
[I] had a trip and fall and [on a stone paver in a large retail store], but chose not to resolve for [their minimal offer]. [I] found Frank Nunes in an on line search.
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We represent clients injured in tractor-trailer crashes as well as auto accidents. Contact us today at (559) 436-0850 to schedule a free consultation. Or learn more by reading about why our clients choose us. We offer free consultations. There is no fee if there is no recovery.
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