Experienced Dangerous and Defective Product Lawyer in Fresno, CA
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:
- A bathroom cleaner with inadequate warnings
- Children’s toys with small or dangerous parts
- A blender with broken metal blades
- A recreational vehicle with inadequate or low handrails
- A hot beverage container with a lid that separated and caused a burn
- A pallet jack with a failing weld causing injury when a pallet falls
- A cold pack with inadequate warnings to prevent more injury
- An exploding battery in a laptop computer that burned the user
- A car jack failing and crushing the person underneath the car
- Airbags that failed to deploy properly in a car accident
- A plastic chair that buckled under the weight of a seated person and caused an injury
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.
Is There A Time Limit For Filing A Product Liability Lawsuit?
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.
What Kind Of Proof Is Needed In A Product Liability Claim?
The law recognizes different types of product defects. Liability for a defective or dangerous product generally falls into one of three categories:
- Defective design – a design flaw makes the product dangerous
- Manufacturing defect – a problem in the manufacturing process made or makes the product dangerous
- Lack of adequate warnings or instructions – The product is inherently dangerous in some way and does not come with proper warning labels or instructions to prevent injury from that danger
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.
Who Can Be Held Liable In A Product Liability Claim In California?
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.
Contact A California Product Liability Attorney
The team of experienced trial lawyers at Nunes Law knows California product liability law inside and out. Our experience and perseverance have won substantial awards for many of our clients 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 (866) 267-0367 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.