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...]
Free Report: What Is a Defective Product Liability Claim in California?
California and the federal government have many laws designed to protect the safety of consumers. Several federal agencies are charged with enforcing rules and regulations and with initiating or overseeing recalls when products turn out to be dangerous. Manufacturers have obligations to consumers under these state and federal laws, and must make sure they conduct necessary testing before their products are released to the marketplace. Manufacturers make promises about the safety of their … [Read more...]
What is a Defective Product Liability Claim?
Manufacturers of products must comply with safety laws established by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and other state and federal regulators. Manufacturers have strong responsibilities to consumers to make sure products are tested and are safe before they are released. When a dangerous product makes it to the marketplace, a defective product liability claim gives … [Read more...]
What Should I Do If I’ve Been Injured by a Product?
You have the right to expect all the products you use are reasonably safe and will function for their intended use. You also have the right to expect that you will be warned of significant dangers and hazards of any product you buy. California Civil Code Sections 1792-1795.8 outline many of the responsibilities of manufacturers. For example, California law makes clear that there is an implied warranty of merchantability and fitness; the a product you purchase will … [Read more...]
California Defective Product Liability Claims [Infographic]
Product related accidents account for 34 million injuries and deaths each year with a related cost of approximately 12 billion. Someone injured by a defective product can receive compensation for his or her physical pain and emotional suffering. California Defective Product Liability Claims infographic offers insights about a product liability claim in California, including why you should file for a claim, who can file for a claim, who is liable and the things you need to do if you or a … [Read more...]