San Diego Product Liability Lawyer

San Diego Product Liability Attorney

Safety should be the primary concern of product manufacturers, but some companies place profits above public safety. If an unsafe product leads consumers to be harmed or gravely injured, a San Diego product liability lawyer can investigate the company and demand that injured customers be compensated for the harm they endured. Product liability lawyers understand product safety laws and how to hold manufacturers accountable in court.

Trusted Product Liability Lawyers in San Diego

When you partner with Perry Personal Injury Lawyers, you gain the services of a client-focused law firm that knows how to get results. Our trial-ready legal team has a strong reputation for diligent investigations of claims and unwavering defense of our clients. We understand the financial and emotional harm that can result from a defective product, and we are not intimidated by the tactics used by defendants and their legal representatives to skirt accountability.

Unlike other firms that practice many areas of law, we focus on personal injury. Over the years, we have handled all sorts of personal injury cases, including complex cases that required going up against major corporations and their legal teams. We keep our focus on our clients and achieve exceptional results that maximize the compensation they receive through settlements and court verdicts.

What Is a Defective Product?

If you are preparing to file a defective product claim with the help of an attorney, it is important to understand what qualifies as a defective product. Some goods and products carry inherent risks. One example would be a kitchen knife or lawnmower. Injury from a known dangerous product is not necessarily a lawful basis for a defective injury claim.

When a product has an inherent design flaw that can be traced to its original design documents, the product can be considered defective by design. Because of this status, all products manufactured by the company could be compromised. In these situations, the manufacturer is expected to issue a recall.

Some product design flaws only affect a specific production run. If a new material is used that does not hold up to safety standards, the entire run of that product could cause a danger to the public.

Even if the product is manufactured safely, a company could fail to disclose important safety information about the product and how it should and should not be used. No matter the cause of a defective product, injured customers have the right to seek compensation following an injury.

Am I Eligible for Compensation Under State Law?

In order to seek compensation for a defective product, the product’s failure generally should not be attributed to misuse by the purchaser of the product. If you used the product as intended and were harmed, you may have grounds for a product liability claim.

Another factor that could determine whether or not you have grounds for an injury claim could depend on whether the product manufacturer took steps to warn the public about the product’s defects. One resource for these disclosures is the Consumer Product Safety Commission, which lists recalled items and maintains press releases.

Contacting an attorney can provide you with clarity on your legal options. In some cases, a class action claim may be underway already. Whether you join a class action claim or hire an attorney for direct legal action, you may be eligible for compensation from the company or another party involved in the manufacturer and distribution of the defective product.

Understanding Comparative Negligence in San Diego

A defective product claim could involve considerations about your partial involvement in causing your injury. Even when a plaintiff is the party responsible for causing their injury, they may still be eligible for compensation under the state’s comparative negligence laws.

One example could be a product that prematurely turned on and caused you bodily injury. If you messed with the wiring beforehand, a jury may find that you were partly responsible for causing the incident that led to your injury. In that situation, your award could be reduced by the percentage of fault you bear.

California’s comparative negligence laws are often friendly to plaintiffs because they allow injured victims to pursue compensation even when they are partly at fault for causing the injury. Having legal representation can ensure that you do not bear more fault than you should, based on the evidence supporting your claim.

Critical Steps to Take Following a Product Injury

One of the first steps you should take following an injury caused by a defective product is to find a personal injury attorney with experience handling product injury claims. Come prepared with notes and evidence about your claim so your attorney can assess the strength of your claim.

During your initial consultation, tell your lawyer about the circumstances that led to your injury and why you believe the product is defective. Any documentation that backs up your claim can prove helpful, such as medical records and insurance information.

Further steps may be needed, such as talking to witnesses and conducting further research. If other individuals were also harmed by that product, that could strengthen your claim and lay the grounds for a class action claim against the manufacturer of the defective product.

Why Legal Representation Is Critical

Navigating the civil court process in San Diego can pose many challenges if you do not have strong legal representation. Your lawyer can provide critical legal services that can maximize the compensation you are paid. Product manufacturers often have their own experienced legal teams that will go to great lengths to avoid liability.

They may accuse you of being the sole cause of your injuries, or they may try to minimize any financial liability by offering you a lowball settlement that bars you from seeking compensation in the future. An attorney is focused on outcomes that benefit you.

They can gather critical evidence that supports your claim and legal right to compensation. They can fight attempts by the product manufacturer to avoid liability by holding them accountable for creating a product that poses a serious danger to the general public.

As your case moves forward, your attorney can explain the possible outcomes of your case and the pros and cons of accepting a settlement. If the case goes to trial, your lawyer can represent you in court and argue the merits of your case before a judge or jury, so you receive a favorable settlement that compensates you for your financial losses and emotional injuries.

In some cases, serious misconduct on the part of the defendant could lead a jury to award punitive damages that aim to punish the manufacturer for deceptive and unethical business practices.

FAQs

Q: When Can You Seek Compensation Through a Product Liability Claim?

A: You can seek compensation for a product liability claim when you have gathered sufficient evidence to show that a product was fundamentally flawed and that the flaw led to your personal injury. Product liability claims are complicated and often require extensive evidence on the part of the plaintiff and their attorney. California law requires that plaintiffs prove their case using evidence and testimony.

Q: What Do You Have to Prove in a Product Liability Case?

A: You generally have to prove that a product manufacturer created a defective product and the product’s defect led to your injury. There must be a lawful basis for the claim, whether from a flaw in the design or a failure to warn the public about how to use or not use the product. Product liability claims can be more challenging in cases where the manufacturer took steps to address the defect before you were injured.

Q: What Are the Two Most Common Types of Product Liability Cases That Involve Negligence?

A: The two most common types of product liability cases based on negligence involve defective design and manufacturing defects. A design defect means the product was inherently unsafe before production. A manufacturing defect occurs when errors during production make an otherwise safe product dangerous. In both cases, proving negligence requires showing that the defect directly caused harm.

Q: How Long Do You Have to File a Product Liability Claim in California?

A: In California, victims generally have two years from the date of injury to file a product liability claim. If the harm was not immediately apparent, your timeline to file a claim begin at the point when the injury is discovered. Failing to file within this period may result in losing the right to seek compensation. A missed filing deadline would likely result in the case being dismissed.

Schedule Your Defective Product Injury Consultation Today

If you were harmed due to a defective product, you have the right to seek compensation with the help of a product liability attorney in San Diego. The legal team at Perry Personal Injury Lawyers understands the emotional strain and financial hardship that can result from a defective product.

That’s why we go to great lengths when researching our cases so we can build strong claims that restore you financially and emotionally. Don’t hesitate to reach out to our firm today so we can review your case and begin taking steps to secure the compensation you need to recover.