Product Liability
According to the National Safety Council, roughly 12.7 million people in 2022 were treated in emergency rooms across the country for injuries related to consumer products. Sadly, most of these injuries involved everyday products that one would assume were safe. Depending on the state where the incident occurred, the plaintiff must prove one of the following: Negligence, Strict Liability, or Breach of Warranty Fitness. To dig deeper, when considering a Breach of Warranty Fitness, one must examine express, implied warranty of merchantability and implied warranty of fitness. Traut Injury Law understands the complexities of personal injury from a dangerous product. We will review your circumstances and devise the best plan of action forward.
Here’s a summary of what this entails and how you might proceed:
Potential Defendants
- Manufacturers: The primary party responsible for the creation of the product.
- Distributors: Companies or individuals who handled the product in the supply chain.
- Retailers: The business that sold you the product.
Under California law, all these parties could be liable for damages caused by a defective product.
California Law on Product Liability
California applies strict liability in product defect cases, meaning you don’t need to prove negligence; you only need to show that the product was defective and caused your injury.
Types of Product Defects:
- Manufacturing Defects: When a product deviates from its intended design.
- Design Defects: When the design of the product itself is inherently dangerous.
- Failure to Warn: When a product lacks proper instructions or warnings about its risks.
Failure to Include Warning Labels
If a product lacks adequate warnings about known risks, you may have grounds to sue based on “failure to warn.” This claim falls under California’s strict liability framework, so you’d need to show that the lack of warnings made the product dangerous, and this contributed to your injury.
Checking for Recalls
To find out if the product has been recalled, check the Consumer Product Safety Commission (CPSC) website, where recall information is posted. The product manufacturer’s website may also list recalls. Finally, Traut Injury Law has access to a list serve of plaintiff lawyers who share recall, lawsuit, and expert information in these types of cases.
Need for an Expert
Expert testimony can be very helpful, especially in complex cases involving technical product issues, to establish that the defect exists or to explain how it caused the injury. An expert’s evaluation can strengthen your case but may not be mandatory in simpler cases. Experts are also very expensive and you want to be sure the one selected has experience testifying in addition to being knowledgeable about the type of defect. Traut Injury Law attorneys have numerous excellent experts they have retained over the last three decades.
Recoverable Damages
While you can represent yourself, hiring an attorney who specializes in product liability is highly recommended. Traut Injury Law can navigate California’s specific laws and manage complex legal processes like gathering evidence, hiring experts, and negotiating with insurance companies.
Hiring a Lawyer
- Economic Damages: Medical expenses, lost wages, and other out-of-pocket costs.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In some cases, if the manufacturer acted with gross negligence or malice, you may be able to recover punitive damages, which are intended to punish egregious conduct.
If you’re considering legal action, consulting with experienced product liability attorneys at Traut Injury Law can provide guidance tailored to the specifics of your case. They can help you assess the defect, gather evidence, and understand your potential for recovery.
