Sacramento Product Liability Lawyer

In this country, we are accustomed to enjoying some of the best products in the world. Thanks to the many innovative people and businesses, consumer advocacy groups and government companies who are devoted to protecting the consumer, we have come to trust the products we use every day.

However, the fact remains that we are exposed to unsafe products on a regular basis. There are many products imported from countries that lack our safety standards, and there are no requirements that those products (non-children’s products) undergo third party safety testing. Sometimes even in domestic products manufacturer defects get a green light due to profitability until they cause serious injuries or wrongful death. Other times an injury may be caused by an undiscovered design flaw. 

Because of this, many states have enacted comprehensive products liability statutes to protect people from defective products that cause damage or injury to the consumer. There is a long list of businesses along the chain of supply that may be held responsible for damage caused by that product. Those businesses may include component part manufacturers, assembling manufacturers, wholesalers, and retail stores. 

Common Product Liability Cases in Sacramento, California

The most common product liability cases stem from the following:

  • Car Defects – Faulty airbags, tires, seat belts, etc.
  • Defective Kitchen Appliances – Defective pressure cookers and other electric appliances that cause injury and property damage
  • Industrial Equipment – Improper safety gear, defective shut-off switches, lack of warning signs on machinery.
  • Cranes – Malfunctioning parts, missing components, broken safety latches, motion alarms not installed.
  • Forklifts – Collisions, backing into people/objects, objects falling from forklifts causing injury or wrongful death.
  • Medical Devices – Defectively manufactured or marketed defibrillators, stents, implants, other medical devices.
  • Pharmaceutical Drugs – Undisclosed side effects, improperly labeled prescription drugs, defectively manufactured drugs, etc.
  • Scaffolding – Electrical hazards, falling objects, unmaintained work surfaces.

What Is a Defective Product? 

If you have endured an injury or were made sick by a defective product, you may be considering filing a product liability claim. A product liability lawsuit allows the individual who was hurt by the dangerous or defective product an opportunity to recover compensation for their injuries and other losses.

What Type of Damages Can You Recover from a Product Liability Claim? 

If you have injuries because of a defective product, you may be able to recover damages for the following: 

  • Economic Damages: Economic damages can be extensive depending on the severity of your injuries and the medical attention needed after your incident. Rehabilitation, medication and lost wages are just some of the ensuing financial losses you could experience. This may also account for future earning capacity for the victim.
  • Pain and Suffering: Experiencing injuries due to a defective product can cause prolonged pain and suffering due to the incident.
  • Other losses: Other losses can be recovered in instances of wrongful death.  

Multiple categories may apply to your product liability claim.

What to Do After a Defective Product Has Hurt You? 

Experiencing injuries due to a defective product can be devastating and jarring. When an incident like this happens, it is important to act promptly to recover from your injuries and also take steps to ensure you have a strong case: 

  • Seek medical attention for your injuries and follow your treatment plan. Ensure that your injuries are well documented.
  • Collect evidence by documenting the defective product and the incident you experienced. Record any testimonies from witnesses and take pictures. 
  • It is important to store the product in a safe place and discontinue using it.
  • Contact a product liability lawyer for guidance with your case. Gathering appropriate evidence and pursuing an investigation can be complicated. It is essential to choose an experienced law firm that can aid you in recovering the compensation you deserve.   

When you have endured an injury due to a defective product, there can be various parties responsible in the distribution chain. For instance, the manufacturer, the parties responsible for assembling the product, the product distributor or the retailer. 

What Type of Product Liability Can You Pursue? 

There are three types of product liability, and they vary state-by-state. The following are the different types of product liability cases you may pursue: 

Negligence

Filing a negligence claim means that the defendant caused injuries to the victim because of the product’s careless design, manufacturing, or marketing. This requires you to prove negligence by demonstrating that the defendant had a duty to sell a safe product, that this duty was broken, and that the defective product directly caused your severe injuries. 

Strict Liability

This type of case does not require the victim to prove negligence on the defendant’s part. Filing this type of claim requires you to prove that the defendant’s product caused you serious harm and that the product was defective when it left the defendant’s possession.

Breach of Warranty

Numerous products sold in the US are covered under warranty and protect the consumer. Warranties are used to ensure the quality of the products that consumers purchase. 

If you have experienced an injury due to a defective product, contact a skilled Sacramento lawyer that can assist you through the complexities of your claim and assist you in recovering the losses you have endured.

Sacramento product liability lawyer

PRODUCT LIABILITY LAWSUITS INVOLVING PRODUCT RECALLS

  • Dangerous drugs: Zantac, Accutane, Heparin, Bextra, Vioxx, Phen Phen etc.
  • Defective or dangerous medical devices, such as defective hip implants, Guidant defibrillators and Guidant pacemakers 
  • Automobile recalls, such as the Takata airbag recall 
  • Defective kitchen appliances and electronic devices 
  • Contaminated foods, tainted spinach, E. coli contaminated beef patties, etc.

Product Liability Lawsuits Involving Dangerous Products

Occasionally, consumers suffer problems from dangerous products that the manufacturers refute as being dangerous. One such product that is currently facing scrutiny (and thousands of lawsuits) is Roundup weed killer by Monsanto. 

After three major verdicts blaming Monsanto’s Roundup weed killer product for causing consumers to develop non-Hodgkin’s Lymphoma, there have been thousands of weed killer cancer lawsuits being filed against Monsanto. However, Monsanto (now owned by Bayer Corporation) continues to deny its product is dangerous to consumers, and no recall has been issued.