Murrieta Product Liability Attorneys
Murrieta Product Liability Lawyers
Consumers of all types purchase and use products with an assumption of general safety from the manufacturer. Unfortunately, accidents still occur from faulty products. These accidents can range from minor to fatal, resulting in injuries such as burns, injury to the spine, head trauma, and even death. When injuries occur because of faulty products, contact the Murrieta product liability lawyers, who will put your needs first.
At Kampf, Schiavone & Associates, our attorneys do just that. With our experience and knowledge, we fight aggressively on behalf of our clients to help them receive the damages that they may be entitled to. With our help, you can not only focus on your recovery with little worry about the impacts of your injury, but you can hold accountable those who may be responsible for your injuries. Whether you are injured at home or at work, our team is here to help.
What Are Defective Products?
Defective products can appear in a variety of ways. However, product liability claims are classified into one of three categories. The three categories include:
- Defective design. Design flaws can happen to almost any product. While on its surface, it can appear to function properly and as advertised, defective designs may not reveal themselves right away. If a product becomes seemingly more dangerous to use than the benefit that it provides, the design is classified as defective. This includes products such as prescription medications or medical equipment and implants.
- Manufacturing defect. Products are manufactured specifically with safety in mind; however, the manufacturing process does not always go as planned. An error in manufacturing can cause a product to function differently than it is intended to. This then creates a harmful product for consumers. Such examples include airbags that function improperly or construction that fails.
- Defective marketing. If you have ever read a bottle of cleaner from under your sink, you will see a litany of warnings and labels that provide important safety information to consumers. Product manufacturers are required to provide consumers with adequate notice of potential risks and hazards that could occur from using their product. Failure to do so could be classified as defective marketing.
Once a product defect is categorized into one of these three areas, your attorney will then help to identify which parties involved in the product’s process should be a part of any potential claims and potentially help responsible. A product’s manufacturing life has a variety of entities involved, all of whom could be held accountable.
What Are Common Injuries From Defective Products?
Depending on the type of defect from a product could determine the type of injury suffered. While there are a number of potential sources for injuries, common forms of defective product injuries include:
- Faulty car parts. Cars have a variety of parts, all of which serve different purposes. When any of them fail, it could be the result of defects in the car’s system. Whether the brakes fail to engage properly, the airbags fail to deploy or cause injury when doing so, or the seat belt fails to fasten properly, all of these could result in serious injury if an accident occurs or when simply driving the car. Failures in a car can be extremely frightening and leave you with severe injuries.
- Burns from home appliances. Our homes are filled with an abundance of appliances all of which could be prone to failure. Many of these products conduct sources of heat that require our use. From a toaster to a water heater, when your appliances improperly function, it could leave you feeling the heat, quite literally. Burns are common among many faulty home appliances.
- Power tool defects. Power tools can be extremely helpful when finishing large projects but can also cause some severe injuries when they fail to perform properly. Power tools that fail are often the result of a manufacturing defect.
- Sickness. Many consumers don’t think of a sickness as an injury, but it certainly is when it comes to product liability. In some cases, products are made with dangerous contaminants that, when a person is exposed, cause serious injury. This could occur in children’s toys, thermometers, or other products that contain harmful materials.
This list is certainly not all-encompassing of the types of defects that could cause injury. However, these types of product defects represent many of the types that could occur in a number of ways and places. From work to home, consumers are surrounded by products, and while there is a trust they will work properly, they could fail at any time.
Who Is Liable for Defective Products?
Any entity that is a part of the chain of the product’s manufacturing life could be held responsible for any product defects. This includes manufacturers, distributors, retailers, and more. California law follows what is known as the Strict Liability rule. This is what governs the line of entities that are involved in the life of a product. By law, a consumer does not have to prove which entity was responsible, only that the product was defective.
Under these parameters, there are common entities that are held responsible when products cause injury because of defects. Those entities include:
- The manufacturer of either the product or parts within the product
- Independent test laboratories that companies hire to test their products
- Representatives tasked with sales
- The medical entity over the product, including hospitals, doctors, or clinics
These are not the only entities that could be held liable and in no way reflect a complete list. In some cases, those tasked with marketing may find themselves at the center of a product liability claim as well.
How Do You Prove a Product Was Defective?
Proving that a product is defective starts by answering three basic questions:
- Was the product’s use as intended, or was any misuse of the product a common misuse?
- Was there any unreasonable damage or defect to the product?
- Did the damage or defect in the product cause the injuries sustained by the person using it?
These questions are commonly referred to as the Consumer Expectation Test. Not only do the answers to these questions help determine if a claim can be filed, but they also help to categorize the appropriate claim category. In addition to answering these questions, there will be an examination of the warning labels or literature accompanying the product that offers any insight to the consumer about any potential dangers they could encounter.
What Compensation Can You Get from a Product Liability Claim?
In Murrieta, CA, f you are injured because of a defective product, you may be entitled to compensation from those responsible. Common compensation includes:
- Financial damages. When you suffer a personal injury because of a defective product, you will likely incur several different financial impacts. This can include not only your short-term medical treatments but long-term as well. Additionally, you could suffer time away from work, property damage, and many other out-of-pocket expenses. These are all finances that you may be able to recover.
- Pain and suffering. Damages for nonmonetary challenges could be a part of a settlement you may be awarded. This includes challenges such as pain and suffering or emotional distress. In many personal injury cases, you may experience trauma that could result in anxiety, depression, PTSD, or other mental health challenges.
- Punitive damages. Punitive damages are additional compensation awards that a judge feels are necessary for those accountable. The purpose of these awards is to discourage further wrongdoing by the entity or entities responsible.
The exact compensation you may receive in your case will vary depending on the circumstances. Your attorney will be able to help you better understand what you may be able to recover in your case.
If your injury occurred while using a product at work, you may need to file a workers’ compensation claim and work with your attorney to receive compensation from your employer.
What Should You Do if You Are Injured By a Defective Product?
The first step you should take after any personal injury is to seek medical attention. Sometimes injuries aren’t apparent, but a medical exam may help reveal injuries you were unaware of. After seeking medical treatment, explore the product’s history and any news related to it. This could include any recalls that may exist. Document what happened, including photographing any necessary evidence, and save the product itself if possible.
Once you have sought treatment and gathered relevant evidence, contact our attorneys who can help review the circumstances of your case and counsel you on your options. With our help, we will review the details of your case and create a unique approach to help you recover what you may be entitled to. Your focus should be on recovery. Let us focus on your case.
Get Legal Help from Kampf, Schiavone & Associates Lawyers | Injury Attorney
If you have been injured because of a defect in a product, then you deserve someone on your side who puts your interests first. At Kampf, Schiavone & Associates, our team has the knowledge and experience you need to help recover damages you may be owed. Many of the entities responsible will have their own team of attorneys and insurance representatives looking out for them. With our team, you will have someone looking out for you. Contact our offices today.