SAN DIEGO DEFECTIVE PRODUCT LAWYER
Product liability attorneys advocating for the rights of victims who suffered injuries and losses because of defective or dangerous products in San Diego, California
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RTM Law Firm works aggressively in a personal injury or wrongful death case caused by a defective consumer product. We understand the complexities of these cases and have the experience, resources, and dedication to fight for justice on behalf of our clients.
When we purchase products, whether it be household items or medical devices, we expect them to function properly and not cause harm. Unfortunately, this is not always the case. Defective or dangerous items can cause serious injuries or even death to unsuspecting consumers.
If you or a loved one has suffered harm from a defective product, it is important to seek legal representation immediately. Our team of highly skilled San Diego defective product lawyers will thoroughly investigate your case and hold the responsible parties accountable for their negligence. Reach out to our personal injury lawyers today to get a free consultation.
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What is Product Liability?
California law defines product liability as the responsibility of a manufacturer, distributor, or seller for any injuries caused by their defective products. This means that if you were injured while using a product in its intended manner, the company responsible for manufacturing or selling it can be held liable.
There are three main types of product defects:
Design Defects
These occur when a product is inherently dangerous due to its design, regardless of how well it was manufactured. For example, a toy with small, detachable parts that could be choking hazards for children.
Manufacturing Defects
This type of defect happens during the production process and can result in a product being made differently than intended. For example, a batch of medicine being contaminated during packaging.
Marketing Defects (Failure to Warn)
These defects occur when a company fails to provide adequate warnings or instructions for safe use of their product. For example, not disclosing potential side effects of medication on the label.
WERE YOU INJURED BY A DEFECTIVE PRODUCT?
OUR TOP RATED SAN DIEGO PRODUCT LIABILITY ATTORNEYS WILL FIGHT FOR YOU.
YOU MAY BE ENTITLED TO COMPENSATION UNDER CALIFORNIA LAWS.
Why Trust the Product Liability Attorneys at RTM Law Firm?
Expertise in California Liability Law
Our San Diego defective product attorneys boast deep expertise and a thorough understanding of California’s product liability laws.
Client-First Strategy
Our San Diego product liability attorneys are dedicated to providing tailored services that prioritize your needs and ensure your perspectives are recognized.
Success in Recovering Damages
Our track record is marked by successfully securing significant compensation for our clients.
Liability for Defective Product Injuries in San Diego
Which party can a plaintiff sue in cases of product liability? There can be multiple parties held responsible for your injuries when a product is defective. These include:
- ✔ The manufacturer: They are responsible for ensuring the safety and quality of their products before they are released to the market. If a defect is found in their product, they can be held liable for any injuries it causes.
- ✔ The distributor: This includes wholesalers and retailers who play a role in getting the product to the market. They also have a responsibility to ensure that the product is safe for consumers.
- ✔ The designer: In cases where there is a design defect, the designer can also be held liable for any resulting injuries. It is their responsibility to create a product that is safe and free from potential hazards.
- ✔ The seller: If an individual or company sells a defective product directly to you, they can be held responsible for any harm it causes.
INJURED BY AN UNSAFE PRODUCT?
YOU MAY BE ENTITLED TO COMPENSATION.
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Proving Fault in Product Liability Claim
In order to hold someone liable for your injuries caused by a defective product, you must be able to prove fault. This can include negligence, strict liability, or breach of warranty.
Negligence
To prove negligence, you must show that the party responsible for the product failed to exercise reasonable care in designing, manufacturing, or distributing it. This could include not conducting proper safety testing or ignoring known risks.
Strict Liability
Under strict liability, a manufacturer or seller can be held liable for any injuries caused by their product without needing to prove fault. However, it must be proven that the product was indeed defective and unreasonably dangerous.
Breach of Warranty
When a product does not live up to its promised expectations and causes harm as a result, the manufacturer or seller may be held responsible for breach of warranty. This includes both express (explicitly stated) and implied (assumed) warranties.
Product Liability Lawsuits
If you have been injured by a defective product, you may be able to file a product liability lawsuit. This type of lawsuit holds manufacturers and sellers accountable for their products and seeks compensation for any damages or injuries caused.
Compensation
In a successful product liability case, you may be awarded various types of compensation, including medical expenses, lost wages, pain and suffering, and even punitive damages in cases of extreme negligence.
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San Diego Defective Product Lawyer: FAQs
What kind of lawsuit is a product liability case?
A product liability case is a type of civil lawsuit where a plaintiff seeks compensation for damages or injuries caused by a defective product. The lawsuit can be filed against any party in the product’s chain of distribution. If compensation claim negotiations do not succeed, trial attorneys can bring the case to court.
How do you win a product liability lawsuit?
Winning a product liability lawsuit in California typically requires proving that the product was defective and that this defect directly caused your injury. You must demonstrate that the product had a design defect, was manufactured incorrectly, or lacked sufficient warnings or instructions. It’s also essential to show that you were using the product as intended when the injury occurred. Documenting your injuries and gathering evidence like the defective product itself, medical reports, and expert testimony is critical.
How do you know a product is dangerous or defective?
A product is considered defective if it fails to perform safely as an ordinary consumer would expect when used as intended or in a reasonably foreseeable way. In California, a product may also be deemed defective if it has a design flaw that makes it inherently unsafe, a manufacturing error that deviates from the intended design, or if it lacks adequate instructions or warnings about potential risks.
What kind of compensation can victims claim from a dangerous or defective product complaint?
Victims of defective products in San Diego can claim various types of compensation, including medical expenses, lost wages, loss of earning capacity, pain and suffering, and punitive damages in cases of gross negligence. Compensation aims to restore the victim to the position they would have been in had the injury not occurred, covering both economic and non-economic damages.
What if the defective product results in the death of a loved one?
If a defective product results in the death of a loved one, the surviving family members may file a wrongful death lawsuit in San Diego. This can lead to compensation for funeral and burial expenses, lost future income, loss of companionship, and emotional distress. Wrongful death claims serve to provide financial stability and a sense of justice to the bereaved family members, acknowledging the profound impact of their loss.
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File a Product Liability Claim with an Experienced San Diego Product Liability Lawyer.
Call Our Personal Injury Attorney for a Free Case Review.
If you have been injured by a defective product, consult immediately with knowledgeable and experienced product injury lawyers. They will be able to assess your case and determine if you have grounds for a lawsuit.
A San Diego defective product attorney can help you manage the legal process and negotiate with insurance companies on your behalf. Hiring a lawyer can greatly increase your chances of receiving fair compensation for your losses.
The statute of limitations for filing a product liability lawsuit in California is typically two years from the date of injury, so act quickly and consult with a lawyer in San Diego as soon as possible.
Remember, taking action not only helps you seek justice for yourself, but also holds companies accountable for their negligence and encourages them to improve their safety standards in the future. Your decision to pursue legal action could potentially save others from experiencing similar harm.
Contact RTM Law Firm’s San Diego defective product lawyer for a free case review. Call (858) 330-3314.
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