Consumers have a right to expect products to be safe for use. There is no excuse for a children’s toy, household appliance, medical device, medication, vehicle part, or other item to have a defect that makes it unreasonably dangerous for regular use. If a defective product causes consumer injury or death, injured parties can pursue damage recovery through the California civil court system. Don’t go into these claims alone. Retain Henshaw & Henry, PC for assistance.
California’s product liability laws describe if and when a consumer can file a lawsuit against a manufacturer or distributor. According to the California Code, consumers have two years from the date of the accident to file personal injury claims and three years for property damage claims. There is a “statute of repose” that states that no person can seek recovery for a dangerous or defective product once 10 years from the incident have passed. Don’t wait to call an attorney and risk missing your chance for compensation.
Product liability claims differ from other personal injury claims in that the injured party does not necessarily have to prove negligence. California obeys strict liability laws that hold a product manufacturer liable for injuries a defective product causes, regardless of whether or not the company was negligent. This can be good news for injured parties, as it eliminates the burden of gathering evidence of the defendant’s negligence or breach of duty. The plaintiff does, however, need to prove that the product in question is dangerous or defective.
There are three types of defects: manufacturing defect, design flaw, and marketing error. Manufacturing defects are mistakes made during production that make the item unsafe for use. Design flaws are issues with the product’s design that makes it inherently dangerous. A marketing error occurs if the company knows about a foreseeable hazard in using the product, but fails to warn consumers. The plaintiff must prove that one of these defects existed, and that the product caused his or her injuries or property damage.
If you were using any kind of product the way the manufacturers intended and it caused injuries such as broken bones, lacerations, burns, brain injury, or spine injury, call our San Jose product liability attorneys right away. We will give you professional counsel on where to seek medical attention, what documents to collect, and where to file your product liability claim. With our help, you can maximize your odds of compensation by taking all the correct steps and precautions.
You do not need to know that a product had a defect to contact our team and request a free consultation. Sustaining a personal injury or property damage is enough to constitute a reason to give us a call. We will listen to your story and let you know if we think it has merit as a product liability claim in California. We can give you an estimate of what we think your claim could be worth. If you decide to retain us, we’ll help you negotiate a settlement with the manufacturer’s insurance company or take your case to trial if necessary.
A product recall takes place when a manufacturer learns that there is a flaw in its product that makes it unsafe for use. When the manufacturer discovers that a product is unsafe, the company has a responsibility to begin removing the product from distribution and informing the public about the potential danger.
California law requires that within 24 hours of learning that a product is unsafe, manufacturers must notify all distributors of the product defect and the recall notice. If the company maintains a website, notice of the recall must be prominently displayed on the site, along with a link to the recall information.
The manufacturer must then provide a means of safely returning the product at no cost to the consumer and must properly dispose of the product. The company may not export the product or allow it to be exported.
Once a retailer has received a notice of recall, the product must be removed from its shelves within no more than five days. The retailer must then post a notice of the recall, which must remain visible for at least 60 days.
If you believe there is a defect with a product you own and that there may have been a recall for the product, there are a number of ways to find out for sure. You may contact the business where you purchased the product to ask whether your product has been recalled. You will want the product name and description, with a model number if possible.
You may also contact the manufacturer of the product. Most products come with contact information including a phone number for the manufacturer. A web search of the manufacturer may turn up a website where you can search for more information.
Additionally, The U.S. Government maintains a site for searching for product recall information. You may search online at https://www.recalls.gov/ for information on product recalls involving consumer products, motor vehicles, boats, food, medicine, cosmetics, and environmental products. The site also provides information in Spanish.
Once you learn that a product has been recalled, the seller or manufacturer should provide information on how to return the product safely and at no cost to you. If your product may be defective, but you have suffered no harm, this is probably the best course of action.
If you or someone else has been injured due to a product defect however, it is best to preserve the product to support your claim of injury. An attorney will have experience in advising you on such matters. It is important to no longer use the potentially defective product after you have been informed of a recall. If you continue using a product you know to be defective, you may have any compensation for injury reduced or be unable to claim compensation.
An experience product liability lawyer can help you establish the facts of your case and negotiate with corporate attorneys and insurance companies in addition to helping preserve evidence if a defective product has caused injury. This can be a complex process requiring meticulous attention to detail and dedication by a professional who knows the ins and outs of product liability.
When a defective product injures you or your family, having an attorney can greatly improve your chances of getting the compensation you deserve.