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Losing a loved one in a sudden accident is a tragic experience that can lead to immense depression and guilt. If the death was caused by a defective product, it’s only natural to want justice. Even if the incident does not lead to criminal charges, you may still be able to recover compensation by bringing a wrongful death claim against the product manufacturer, designer, and/or another liable party. Below we’ve answers some frequently asked questions about defective product wrongful death … [Read more...]
Statute of Limitations for Product Liability Lawsuits in California
From airbags to vacuum cleaners, it’s reasonable to assume the products you rely on every day are generally safe. As long as you use them as instructed, the items you purchase shouldn’t pose an injury risk to you or your loved ones. As recall notices demonstrate, though, all kinds of defective and dangerous products flood the marketplace every year. From furniture to food, no industry is immune to producing items that have the potential to hurt those who use them. If you or someone … [Read more...]
Common Product Defects That Lead to Personal Injury Claims
A product can become defective at any stage of design, development, or distribution. Even if a product doesn’t malfunction, serious injuries can still occur if a consumer good lacks adequate instructions for safe use. Certain items are responsible for a disproportionately high number of product defects. Examples include: Airbags and other automobile parts; Portable generators; Gas heaters; Medical devices; Pharmaceutical drugs; Children’s toys; Construction materials; and Foods … [Read more...]
Who Might Be Liable for a Defective Product Injury?
If you or someone in your family has been injured by a defective product, there are several parties who might be liable for the resulting medical bills, pain and suffering, and other damages. Depending on the circumstances, you might have grounds for a claim against the product designer, manufacturer, distributor, retailer, or any other party that played a role in the development or distribution of the product. Let’s take a closer look at the circumstances when each of these parties might be … [Read more...]
What Does “Strict Liability” Mean?
Most personal injury claims are founded on the basis of negligence, which means the tortfeasor breached a duty of care owed to the claimant, resulting in his or her injury or loss. But when strict liability applies, proving the defendant was negligent is not a prerequisite to recovering damages. In the state of California, strict liability applies to certain product liability and dog bite cases. Strict Liability in Product Liability Cases A product defect can arise at any stage of the design, … [Read more...]
Umbrella Coverage: A Potential Source of Recovery in Tort Claims
Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc. In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held … [Read more...]
Why Secrecy is Dangerous in Product Defect Cases: A Guide for Injured Victims
Why Secrecy is Dangerous in Product Defect Cases: A guide for Injured Victims by Michael Waks Product defects can cause serious injuries or fatalities. Defects are common in motor vehicles, car seats, drugs, medical devices, and other consumer products. Learn more about product defect cases in California in this presentation. … [Read more...]
The Danger of Secrecy in Defective Product Cases
When a company makes a defective product, it should be held accountable for the resulting damages. It should also recall the product once the defect becomes apparent, removing it from the shelves before more people get hurt. Unfortunately, in my years as a personal injury attorney, I have seen companies wait to recall products or not pull dangerous products from shelves at all. When these companies are sued, they often make confidentiality a condition of the settlement. This … [Read more...]
What Must Be Proved to Win a Defective Product Case?
Someone who is injured by a defective product such as a vehicle, drug, stroller, or medical device, is entitled to compensation for his or her economic and non-financial losses. Victims may file a civil lawsuit against suppliers, distributors, manufacturers of products, and manufacturers of parts to recover their damages. To prevail in a defective product case, plaintiffs must demonstrate they were harmed as a result of a defendant's breach of legal duty or failure to fulfill a … [Read more...]
Can I Sue for Drug Side Effects?
Medications, prescription and non-prescription, are supposed to be safe when you use them as directed. Some medications have potential side effects. Patients need to be given the opportunity to make an informed choice about whether to use a particular medication and take the risk of experiencing the related side effects. Unfortunately, sometimes dangerous potential risks of a drug are not disclosed. Victims who endure harm from using a medication can sue for drug side effects provided the … [Read more...]