BAKERSFIELD DEFECTIVE PRODUCT ATTORNEY

Product liability attorney winning millions of dollars for victims of defective drugs
and faulty products in Kern County, CA

Available 24/7. Zero fees until we win.

If you or someone you care about has suffered due to defective drugs or faulty products, RTM Law is here to assist you. As a top product liability law firm in Bakersfield, CA, our experienced product liability lawyers have a successful track record of securing millions of dollars for clients. With our dedicated team of attorneys, case managers, and medical specialists, we tirelessly seek justice against negligent companies.

 

Our mission goes beyond seeking compensation – we fight for your rights and peace of mind. Count on RTM Law, where your battle becomes our battle.

What Is a Product Liability Claim?

A product liability claim is a legal case that involves holding a manufacturer, distributor, or seller accountable for injuries caused by their defective or dangerous products. These could range from pharmaceutical drugs to household appliances and everything in between.

 

Product liability laws are designed to protect consumers from harm caused by faulty products and hold responsible parties accountable for any damages they cause. These types of claims often involve complex legal processes and require experienced attorneys who understand the nuances of product liability law.

INJURED DUE TO DANGEROUS AND DEFECTIVE ITEMS?

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Types of Defective Products That Lead to Personal Injury

There are several types of product liability claims that fall under three main categories:

  • ✔ Manufacturing Defects – This type of claim involves products that were damaged or flawed during the manufacturing process, making them unsafe for use.
  • ✔ Design Defects – In these cases, the product’s design is inherently dangerous and can cause harm even if it was manufactured correctly.
  • ✔ Marketing Defects – This category includes claims related to inadequate warning labels or instructions for proper use of the product.

Examples of Product Liability Cases

Some common examples of product liability claims include:

  • ✔ A car manufacturer failing to properly install airbags in their vehicles, leading to injuries in a car accident.
  • ✔ A pharmaceutical company not disclosing potential side effects of a medication, resulting in harm to consumers.
  • ✔ A toy company using toxic materials in their products that cause illness or injury to children.
  • ✔ A household appliance malfunctioning and causing a fire or other damage due to a manufacturing defect.

Product Liability vs Strict Liability

Product Liability and Strict Liability are two fundamental concepts in personal injury law.

  • Product Liability refers to the responsibility of manufacturers or sellers for providing defective products to consumers. It applies to all sellers in the distribution chain and can be based on negligence, strict liability, or breach of warranty. For example, if a pharmaceutical company does not disclose potential side effects of their medication, and a consumer suffers harm as a result, the company can be held liable for product liability.

 

 

  • Strict Liability is a legal doctrine that holds manufacturers strictly liable for any injuries or damages caused by their products. Unlike Product Liability, which requires proving fault on the part of the manufacturer or seller, Strict Liability only requires proving that the product was defective and caused harm to the consumer. This means that even if the manufacturer took all reasonable precautions in designing and producing the product, they can still be held responsible for any injuries or damages caused by defects in it.  Strict Liability applies to all parties involved in placing a product into the market, including manufacturers, distributors, and retailers. This ensures that the injured party can seek compensation from any of these parties, rather than being limited to just one. It also incentivizes all parties to ensure that their products are safe and free of defects.

HURT DUE TO A FAULTY PRODUCT?

YOU MAY BE ENTITLED TO COMPENSATION UNDER CALIFORNIA LAWS.

Types of Product Liability Cases

Product liability cases encompass a wide range of scenarios, including:

Pharmaceuticals

Lawsuits can arise from medications with harmful side effects or misleading marketing, such as the opioid crisis.

Automobiles

Defective auto parts like faulty airbags, brakes, tires, or ignition switches can result in serious accidents. The Toyota unintended acceleration cases and Takata airbag recalls are notable examples.

Children's Products

Poorly designed or manufactured toys may pose safety hazards like choking or lead paint exposure.

Defective Medical Devices

Implanted devices such as hip replacements or pacemakers can cause harm due to design flaws, manufacturing errors, or insufficient warnings.

Household Appliances

Faulty appliances like pressure cookers or washing machines can lead to fires or injuries.

Food Products

Cases can involve food poisoning, foreign objects in food, or failure to disclose allergens on packaging.

These examples illustrate the potential for product liability lawsuits arising from any defective or inadequately labeled consumer product.

Common Injuries Associated With Defective Product Claims

The injuries that are commonly involving defective products may vary greatly in severity. Here are some examples:

  • ✔ Choking Hazards: Accidents involving choking can occur, especially with products that have small parts or lack appropriate child-proofing measures.
  • ✔ Poisoning Incidents: Ingesting toxic substances, commonly found in household cleaning products or medications, can result in severe cases of poisoning. This can also happen due to defective drugs.
  •  Burn Injuries: Burns can be caused by defective products such as malfunctioning electric blankets, flammable mattresses, or products that are prone to explosions.
  • ✔ Contusions and Lacerations: Cuts, bruises, and contusions often stem from faulty tools and equipment.
  • ✔ Brain Trauma: Certain defective products, including those that may cause blood clots, can lead to brain injuries.
  • Injuries from “Extreme Toys”: Teenagers are frequently involved in accidents related to extreme toys like hoverboards, skateboards, scooters, and ATVs.

INJURED DUE TO DANGEROUS AND DEFECTIVE ITEMS?

FREE CONSULTATION. AVAILABLE 24/7.

What You Can Do as a Consumer
Who Is a Victim of Product Defects

As a consumer, it is important to know your rights if you have been injured or harmed by a defective product. In most cases, you may be entitled to compensation for any damages or injuries that were sustained. Here are some steps you can take as a victim of product defects:

  1. Keep the Product and Any Related Documentation

It is essential to keep the defective product and any related documentation, such as receipts, warranties, and instruction manuals. This will help support your claim and provide evidence for your case.

 

  1. Seek Medical Attention

If you have been injured by a defective product, it is crucial to seek medical attention immediately. Your health should always be your top priority, so make sure to get proper treatment for any injuries sustained.

 

  1. Contact an Experienced Bakersfield Defective Product Attorney

Product liability cases can be complex, so it is important to seek the help of an experienced Bakersfield product liability attorney who specializes in this area. They will have the knowledge and expertise to navigate through the legal process in Kern County and fight for your rights.

 

  1. Document any Damages or Injuries

Make sure to document any damages or injuries caused by the defective product. This includes taking photos of the product itself, as well as any injuries sustained. Keep track of medical bills, lost wages, and other expenses related to the incident.

 

  1. Notify the Manufacturer or Retailer

It is important to notify the manufacturer or retailer about the defect and your injuries. This can be done through a written letter or email outlining your situation and requesting compensation for damages.

 

  1. Seek Legal Representation

If the manufacturer or retailer is uncooperative or denies your claim, it may be necessary to seek legal representation. Skilled injury attorneys can help you navigate through the legal process and demand the compensation you deserve.

 

  1. Be Aware of Statute of Limitations

It is important to be aware of the statute of limitations for product liability cases in your state. This refers to the time limit in which a lawsuit can be filed after an injury or damage has occurred. In California, this is typically two years from the date of injury or discovery of the defect. Once this time period has passed, you may lose your legal right to pursue compensation.

 

  1. Consider Joining a Class Action Lawsuit

In some cases, multiple individuals may have been affected by the same defective product. In these situations, it may be beneficial to join a class action lawsuit. This allows individuals to combine their resources and fight against the company responsible for the defective product.

Why Work With RTM Law Attorneys in Bakersfield?

Expertise

RTM Law consists of skilled personal injury lawyers, medical professionals, and case managers with extensive knowledge and experience in California product liability laws. We specialize in handling complex defective product injury cases, committed to securing maximum compensation for our clients.

Client-First Approach

We are committed to delivering customized services to every client, meticulously addressing individual concerns and ensuring their voices are heard throughout the process. Rest assured that we will be by your side, guiding you every step of the way.

Millions Recovered

Our law firm is proud to have recovered millions for injury victims due to defective products in Kern County and California. Rely on our Bakersfield defective product lawyer for strong and effective representation.

Client Testimonials

Victim of an accident caused by someone else?

Bakersfield Product Liability Lawyer: FAQs

Here are some of the most frequently asked questions about our personal injury law firm in Bakersfield, California.

How long do I have to file a product liability lawsuit in California?

California law stipulates a two-year statute of limitations for personal injury claims, including those related to defective products. This means you have two years from the date of injury to initiate your lawsuit. However, certain exceptions may apply depending on individual circumstances, so it’s advisable to consult with an attorney right away after an incident.

Can I still file a claim if I was partially at fault for my injury?

Yes, under California’s comparative negligence law (still applying to Bakersfield), you may still be entitled to compensation even if you were partially responsible for your injury. Your compensation would be reduced by the percentage of your fault determined by the court. Having skilled representation can help ensure this calculation is fair and accurate.

What types of damages can I recover in a product liability lawsuit?

Damages awarded in product liability lawsuits can include medical expenses, lost wages due to time off work, pain and suffering, and property damage caused by the defective product. In some cases where negligence is particularly egregious, punitive damages may also be awarded.

Do I need an attorney for my product liability case?

While it’s legally possible to represent yourself in such cases, hiring an attorney who specializes in product liability law greatly increases your chances of success. An experienced lawyer understands how these cases work and can gather necessary evidence, negotiate with manufacturers or insurance companies, and present your case in court effectively.

What is the average settlement granted to victims of defective products?

There is no set average for product liability settlements as each case varies based on the specific circumstances and damages involved. However, in some cases, victims have been awarded millions of dollars in compensation for their injuries and losses. This is why it’s crucial to have a skilled attorney on your side who can fight for the maximum amount.

Does RTM Law's injury lawyers assist victims with autism and special needs?

Yes, we do. Our principal attorney, Ramin T Montakab, is a dedicated lawyer for autism. The firm’s advocacy is a personal one, so it is our mission to help families and individuals with special needs in any way we can. We understand the unique challenges that come with advocating for those with autism and other special needs, and we are committed to fighting for their rights. Read about our Autism Advocacy or immediately schedule a free consultation with our legal team.

We Help Accident Victims File a Personal Injury Claim
in Bakersfield, California

Our Bakersfield personal injury attorneys handle a wide range of personal injury claims in several areas, including:

✔ Algoso
✔ Baker Street
✔ Belsera
✔ Campus Park
✔ Casa Loma
✔ East Bakersfield
✔ Fuller Acres
✔ Gosford
✔ Greenacres
✔ Homaker Park
✔ Kayandee
✔ Kern City
✔ La Cresta/Alta Vista
✔ Lakeview

✔ Laurel Glen
✔ Lonsmith
✔ Maltha
✔ Mondavi
✔ Mountain Meadows
✔ Oakridge
✔ Oil Junction
✔ Oildale
✔ Old River
✔ Oleander/Sunset
✔ Olive Drive Area
✔ Panama
✔ Park Stockdale
✔ Polo Grounds

✔ Quailwood
✔ Rexland Acres
✔ Rosedale
✔ Sagepointe
✔ San Trope
✔ Seven Oaks
✔ South San Lauren
✔ Spice Tract
✔ Stone Creek
✔ Terra Vista
✔ Tevis Ranch
✔ Tyler Homes
✔ Venola
✔ West Park Community

Get the Compensation You Deserve.
Call our Bakersfield Defective Product Attorneys for a Free Consultation.

Products that cause injury have no place in the public realm. Unfortunately, defective products can still make it to consumers and cause serious harm. RTM Law is dedicated to holding companies accountable for their negligent actions and helping victims of defective products get the compensation they deserve.

 

We understand that dealing with an injury caused by a defective product can be overwhelming and stressful. That’s why our team is here to guide you through the legal process and fight for your rights.

FREE CONSULTATION. AVAILABLE 24/7.

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