Berkeley Products Liability Lawyer

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A product liability claim can be placed when someone in your family suffers an injury or you lose a family member because a dangerous item was sold to a consumer. It is important for consumers to understand their rights and realize that they can be compensated for the actions caused by negligent manufacturers. At AutoAccident.com, we believe those negligent manufacturers should be held responsible for the injuries they cause.

Find the Legal Help You Need

Our product liability attorneys from Berkeley are skilled and experienced in litigating cases against dangerous product manufacturers. In such cases, we have negotiated informal settlements with insurance companies as well as tried them before juries. Many Californians who have been injured by defective medical devices, dangerous pharmaceuticals, automobile defects, and industrial equipment have been successfully compensated with the help of our law firm.

A Products Liability Claim May Include Many Possible Defendants

As part of determining where the negligence occurred and what entities may be liable under products liability law, an injury attorney must identify where negligence occurred in the supply chain. When it comes to liability for a defective product, there are usually many potential defendants. Among them are:

  • Manufacturers
  • Parts supplier
  • Assembly plants
  • Retail stores
  • Wholesaler
  • Distributors
Claims Relating to Product Liability

An injury from a defective product or an error in manufacture often results in product liability claims. It can take a while before many products are recalled, despite the fact that they are often subject to recall. Moreover, some products have hidden defects that may cause serious injury. It is important to consult a Berkeley products liability attorney who can handle such cases, especially when severe injuries are involved.

Establishing a Product Liability Claim

Under California product liability law, which differs from other types of personal injury claims, negligence does not have to be proven. It must only be shown that an injury occurred and the product was defective. That is their only burden of proof. Then the manufacturer has to go on the defensive to prove their product was not defective. Your lawyer carries out an investigation to show that the design/manufacturing/warning labels were defective.

Product Liability Claims: Different Types

There are a number of ways to establish liability when a product causes an injury, including strict liability, negligence and breach of warranty. Due to the fact that there is no federal law governing products liability, the answer will typically depend on the area of origin. In California, it must be shown that the product in question was unaltered and used in the manner in which it was intended. In these cases, the manufacturer (defendant) must show there was no defect in the product.

Liability for Defects

Manufacturing and supplier liability for product defects fall into three categories:

  • Defects in design: A design defect exists before the product is manufactured, so it is there before the item is produced. The item may serve its purpose but can be unsafe due to a flaw in its design.
  • Defects in manufacturing: Manufacturing defects happen while an item is being constructed or produced. In some cases, the selection of materials such as a part purchased from a seller may be included in the product but is defective. Errors may also occur in the production process or during testing or assembly.
  • Marketing/labeling defects: Marketing defects happen when poorly detailed or inadequate instructions are provided with the product, and consumers are not warned of hidden dangers such as drug interactions.
Products With the Potential to Be Dangerous

Almost all products are susceptible to defects, but some are more likely to become unsafe as a result of that defect. Below are a few examples of products that are often involved in these types of liability claims:  

  • Unsafe food products due to foreign objects, undisclosed allergens or bacteria can cause illness or death.
  • Medications are a common source of products liability, such as Metformin, Zantac, and Elmiron. Problems may be found in improper or incomplete warning labels, defects in manufacturing, and mislabeling. 
  • Medical devices such as hip replacements, IUDs such as Paragard or Allergan breast implants can result in severe illness, requiring surgical repair.
  • Defective machinery and power tools can result in amputation, burns, electrocution, and other serious trauma.
  • Harmful pesticides and chemicals such as Dicamba and Roundup® have been linked to serious illness and cancer.
  • Motor vehicles may display defects in the brakes, steering, tires, accelerator, and other parts that can lead to a serious injury accident.
  • Defects in auto accessories such as car seats or booster seats, airbags, and seat belts can cause traumatic injuries.
  • Dangers of defective household appliances include fires and electrocution.
  • Toys are another common type of potentially dangerous product with toxic paint, small parts, and choking hazards.
  • Children's furniture that tips over or cribs that can cause entrapment are examples of potentially dangerous products often subject to recall.
Dangerous Products Can Cause Serious Injuries

Injuries caused by defective or dangerous products are often unreported or remain for sale to the public, where an unwary person buys them. Consumers may not realize that their injuries were caused by defective products right away after they suffer an illness or injury. Defective medicines and unsafe foods are common examples of this problem. Another possibility is that an injured person feels powerless to take on a huge corporation and believes it will be a waste of time. However, it is vital that these companies answer for their actions. 

Injuries Caused by Defective and Dangerous Products

Defective and dangerous products cause injuries to many consumers every year, and some even die. Examples of injuries that defective products can cause are as follows:

  • Traumatic brain injuries caused by falls can range from concussions to hemorrhages
  • Suffocation caused by unsafe cribs
  • Broken bones caused by falls, furniture that tips over, or a defective auto part
  • Wrongful death, which is a fatality caused by the negligence of a manufacturer or other entity
  • Poisoning caused by improper labeling or the sale of dangerous products
  • Electrocution caused by faulty wiring in an appliance, swimming pool, electrical tool, or machine
  • Burns often occur due to defective yard equipment, electric blankets, heaters, or kitchen appliances
  • Cancer when dangerous products are used such as Roundup®, cosmetics that contain contaminated talcum powder, and others
  • Disfigurement occurs when an individual has to have an amputation because of a crush injury or if they become permanently scarred from a dangerous product

The YouTube video below discusses 12 of the most dangerous household appliances that could cause serious injuries or death.

Permanent and Long-Term Disability

It may take months or years for a severely injured person to recover. Some never do and face permanent disability, which affects their quality of life. Others face a life of chronic pain, which causes depression and makes their lives challenging. With an injury lawyer by your side, you can stand up to the company that caused your trauma and obtain the compensation that you deserve. 

By filing a claim, it not only allows you to exercise your legal rights but brings you justice for your trauma and helps you to move forward. If you or a loved one has been injured as a result of a dangerous or defective product, our product liability lawyers invite you to discuss your claim with us at no obligation. We’re here to help and can take the burden off your shoulders.

Berkeley Products Liability Lawyer     

I'm Ed Smith, a Berkeley products liability lawyer. Get in touch with us right away if you or a member of your family have been injured by a dangerous or defective product. Our injury lawyers offer you free and friendly advice when you phone us at (510) 631-0200 or (800) 404-5400. After setting up a free, no-obligation virtual meeting, we can review your case, tell you about options to recover damages, and answer any questions you might have. We can be reached online also. 

At the following links, you can learn how our injury lawyers have assisted others in getting fair compensation for their accident injuries:

Among the associations we are members of, we’re especially honored to belong to the following:

Photo attribution: by anaterate from Pixabay 

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