Types of Product Liability Cases
Design Defects
Design defect cases arise when a product has been manufactured according to specifications yet is still deemed dangerous due to a flaw in the design that makes the product inherently hazardous. For example, if a toy for children was designed with detachable small parts that increase the risk of choking, it would constitute a design defect case.
Manufacturing Defects
Manufacturing defects occur when a mistake made in the production process results in an unsafe outcome. A manufacturing defect could be something as simple as missing screws or bolts on furniture or something involving improperly implemented technology, such as miscalibrated airbags or faulty fuel systems in an automobile.
Warning Defects
Companies are required by law to provide adequate warning labels and instructions for customers so they can make an informed decision about whether or not to use the item. For example, if a food manufacturer fails to list all ingredients on their packaging, even though some may contain known allergens, they could face product liability lawsuits.
Common Types of Defective Products
Automotive parts: Auto parts can be defective in a variety of ways, including faulty design, manufacturing defects, or inadequate warnings and instructions. When these defects lead to an injury, the manufacturer may be held liable.
Pharmaceutical drugs: Pharmaceutical products can be defective if they contain dangerous ingredients or fail to provide adequate warnings about potential side effects or interactions with other medications.
Children's toys: Toy manufacturers have a responsibility to ensure their products are safe for use by children and meet all applicable safety standards. If a toy is found to be defective and causes an injury, the manufacturer may be held liable.
Medical devices: Medical device manufacturers must ensure their products meet all applicable safety standards before releasing them on the market and provide adequate warnings about potential risks associated with using their products.
Household appliances: Household appliances such as microwaves, ovens, dishwashers, and refrigerators can also be subject to product liability claims if they are found to be defective or dangerous.
Tools and machinery: Tools and machinery such as power saws, drills, lawnmowers, and other equipment, could have faulty wiring or design flaws that lead to fires or electric shocks, as well as inadequate warning labels.
Furniture: Furniture such as chairs, couches, beds, tables, etc., can also be subject to product liability claims if they are found to have design defects that make them unsafe for use by consumers (e.g., unstable chair legs).
Sports equipment: Sports equipment such as helmets, shoulder pads, elbow pads, etc., can also be subject to product liability claims if they are found not to provide adequate protection from injury during use.
Food products: Food products can also be subject to product liability claims if they contain hidden allergens (e.g., peanuts not listed on label) or otherwise cause physical harm due to contamination (e.g., Listeria contamination).
Are Product Liability Cases Difficult to Win?
To win a product liability case, you must show the product was defective or inherently dangerous and that the defect caused your injury. In addition to proving causation, you may also have to demonstrate that you took all reasonable steps in using and maintaining the product and adhering to any warnings provided by the manufacturer.
In California, the victim does not have to prove that the defendant acted negligently or intentionally in product liability cases. That is because a legal doctrine called “strict liability” applies to these types of claims. This is beneficial for victims harmed by products and can make it easier for them to prevail and get the compensation they need after a product hurts their health or well-being.
At Carpenter & Zuckerman, we are aware of the potential roadblocks in these cases. While the burden to recover damages under product liability law is lower than in other personal injury cases, product liability cases are usually extremely complex. Proving a product is defective is not easy and requires significant investigation. Another issue encountered in product liability cases is determining fault. The defendant may try to shift blame onto other parties, such as suppliers, distributors, and retailers if those entities had some control over how the product was designed, manufactured, or marketed. These cases also require a deep understanding of the intricate laws governing product liability claims and often pit injured victims against large companies that have seemingly limitless resources.
Don’t try to handle your product liability claim on your own. Our highly experienced product liability lawyers at CZ Law are here to fight for justice on your behalf so you can focus on your recovery!
Our California products liability lawyers have the experience and skill it takes to tackle the multifaceted and complex aspects of these product liability claims. Our firm has retained experts who are nationally known in their fields, as well as some of the finest medical experts in California to help our clients. Because of the size and strength of our firm, we have the resources to match the firepower of big companies and their insurers, which do everything in their power to try to get a discount on the payment of legitimate claims. There are strategies our California product liability lawyers can employ to fight them, and our award-winning lawyers won’t back down until we get you the compensation you deserve.
How Long Do Product Liability Cases Take to Resolve?
The length of time for a product liability claim to be resolved varies depending on the severity and complexity of the case. Generally, minor claims with straightforward evidence can take around six months to a year to settle. On the other hand, more complex cases involving multiple parties or extensive litigation may take up to several years before reaching a final resolution.
Aside from understanding the legal complexities of any lawsuit, it is important to understand that a product liability case involves various stages of resolution. These include identifying potential defendants and their insurance companies, collecting evidence, conducting discovery, participating in depositions and hearings, negotiating settlements, and going to trial if necessary.
It is also essential to consider that not all cases are concluded within a reasonable period due to many factors, such as limited resources or witnesses that cannot be located to provide relevant testimony. This can cause delays in proceedings and rack up costs associated with lengthy proceedings, which could add up quickly.
At Carpenter & Zuckerman, our priority is fighting for an agreeable resolution in terms of the compensation awarded and the time it takes to resolve your case. Our team will be at your side from the moment you file your lawsuit to the resolution of your case, providing guidance and advice wherever possible and never ceasing to fight for justice and fair compensation on your behalf.
How Can a Product Liability Attorney Help Me?
A product liability attorney can help you navigate the complex legal process if you've been injured or suffered damages due to a defective product. Our attorneys specialize in laws that hold manufacturers, distributors, retailers, or other parties involved in the production chain accountable for releasing a product that causes harm. We can assist you by thoroughly investigating the details of your case, determining if the product in question was defectively designed, manufactured, or lacked adequate warnings or instructions.
An attorney will gather evidence, including expert testimony, to build a strong case on your behalf. They will also handle all communications with the responsible parties and insurance companies, ensuring that your rights are protected. If the case goes to court, your attorney will represent you, presenting your case in a manner designed to maximize your chances of receiving fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Moreover, a product liability attorney can help you understand the statute of limitations in your jurisdiction, ensuring that your claim is filed within the appropriate time frame. By hiring a skilled attorney, you increase your chances of holding the responsible parties accountable and securing the compensation you deserve.
Get started on your case by contacting our firm at (888) 484-2033 and speak to a member of our firm today.