CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

Benicia Products Liability Lawyer

benicia products liability lawyerProducts liability law is contained under the umbrella of personal injury.  Products liability cases involve injuries that were caused by dangerous and/or defective consumer products.  AutoAccident.com has helped individuals and families recover monetary compensation for the harm caused to them by using defective and dangerous consumer products.  If you or a loved one has been injured by a dangerous and/or defective product, you could benefit from speaking to a skilled Benicia products liability lawyer at our firm.

Public Trust in the Marketplace

Americans generally have access to the safest, most innovative products in the world.  Governmental agencies and private consumer advocacy organizations work to ensure that the products sold on the U.S. marketplace are safe for consumers.  Thus, we have confidence in buying and using the products sold to us.  Occasionally, however, there are failures in one or more of the manufacturing processes.  Negligence in design, testing, or construction procedures could result in a harmful product being sold to the public.  If that dangerous product ends up causing injury or death, the affected consumers deserve justice in the form of monetary compensation.  

Laws Relating to Products Liability 

Products sold on the American marketplace are by and large safe.  Still, on an alarmingly regular basis, consumers are exposed to defective and dangerous products.  Defects in manufacturing can go undetected until the dangerous product causes harm to a consumer.  The same holds true with design flaws.  California has enacted comprehensive laws intended to protect the buying public from harm caused by defective and/or dangerous products. 

A skilled products liability lawyer will begin by determining at what point in the supply chain there was negligence.  That information will determine the entity or entities that should be held liable (legally responsible) for the harm the product caused.  Many product liability cases include multiple defendants.  Sometimes it is difficult to determine which party is at fault, and sometimes the fault lies with more than one business, so often, multiple entities are sued.  Defendants often include:

  • Part manufacturers
  • Assembly manufacturers
  • Wholesalers
  • Retail outlets
  • Distributors
Determining Negligence

Manufacturers of harmful products could be held liable due to their failure to warn the public of the potential dangers of using their product.  Manufacturers have an obligation under the law to provide distinct warnings of any potential hazards, either on the product’s label or within the paperwork included with the item.  If a dangerous product causes injury to a consumer, a combination of the following could be the legal basis for a lawsuit:  

  • Failure to Warn
  • Manufacturing Defect
  • Design Defect
Some Products are More Likely to be Dangerous

Nearly all consumer products have the potential to be defective. However, some types of products are more likely to become dangerous because of a defect. Some of the most commonly found product types in product liability lawsuits are:

  • Drug Products - either prescription or over-the-counter.  Recent examples include Zantac, Metformin, and Elmiron.  
  • Medical Devices - A couple of examples are Allergan Breast Implants and the Paragard IUD.
  • Pesticides like Round-Up and Dicamba
  • Tools
  • Machinery and industrial equipment
  • Food Items
  • Tobacco
  • Firearms
  • Motor vehicles
  • Motor vehicle accessories such as the Takata airbags or Harbor Freight tire jacks
  • Household appliances
  • Children's clothing, furniture, and toys
  • Electric heaters

Sometimes dangerous products are recalled from the marketplace to protect consumers. Some recent recalls include:

  • Zantac 
  • Takata airbags
  • Allergan Biocell textured breast implants
  • Metformin (certain formulations)

Watch the YouTube video from CBS Evening News about the Takata airbag recall.

Dangerous Products - Injuries

Often, the fact that injuries were caused by dangerous or defective products is overlooked.  This is because it is often not immediately apparent that the injuries are related to the harmful product.  This is often the case with dangerous medications since the injury or medical condition may not appear until after years of medication use.  Even when the cause becomes known, the injured party may feel a sense of helplessness at the thought of taking on a huge corporation.  However, it is important to hold manufacturers of dangerous products accountable for the harm they cause. 

Every year consumers are injured or killed by defective and dangerous products.  Here are some of the most common types of injuries caused by harmful products: 

  • Burns
  • Suffocation
  • Head injuries from falls
  • Broken bones
  • Poisoning
  • Broken Bones
  • Cancer caused by a dangerous drug
  • Lacerations and abrasions
  • Electrocution
  • Paralysis
  • Disfigurement
  • Death

Recovering from serious injuries can be a very long process.  It can take years.  Many people are left with permanent disabilities and/or chronic pain.  It takes courage to stand up to a rich and powerful corporation.  If you have suffered injuries due to your use of a hazardous consumer product, it is important to understand your legal rights and the options you have to pursue legal action.

Benicia Products Liability Lawyer

Thank you for reading.  I'm Ed Smith, a products liability lawyer in Benicia, California. If you or someone you love has sustained injuries or medical harm because you used a product that you believed to be safe, reach out to our experienced injury lawyers without delay.  We will compassionately discuss your legal options and provide free and friendly advice; just dial (707) 564-1900 or (800) 404-5400.  If appropriate, we can then arrange a no-obligation consultation. If you prefer, you may also contact us online.

The product liability attorneys at AutoAccident.com have experience and skill in litigating matters involving manufacturers of defective and dangerous products.  We have had successful results through settlement negotiations, as well as in jury trials.  Please see our Verdicts and Settlements page for examples of our prior case results.

Image by Marcel Langthim from Pixabay 

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