Berkeley Products Liability Lawyer
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. Consumers need 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 litigation against dangerous product manufacturers. In such cases, we have negotiated informal settlements with insurance companies and tried them before juries. Many Californians 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
To determine where the negligence occurred and what entities may be liable under products liability law, an injury attorney must identify where the negligence occurred in the supply chain. Regarding liability for a defective product, there are usually many potential defendants. Among them are:
- Parts supplier
- Assembly plants
- Retail stores
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, even though they are often subject to recall. Moreover, some products have hidden defects that may cause serious injury. It is essential 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 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 the 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 several ways to establish liability when a product causes an injury, including strict liability, negligence, and breach of warranty. Because no federal law governs product 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 as intended. In these cases, the manufacturer (defendant) must show 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 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.
Almost all products are susceptible to defects, but some are more likely to become unsafe due to 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, 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 severe trauma.
- Harmful pesticides and chemicals such as Dicamba and Roundup® have been linked to severe illness and cancer.
- Motor vehicles may display defects in the brakes, steering, tires, accelerator, and other parts that can lead to a severe 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.
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 immediately after suffering an illness or injury. Defective medicines and unsafe foods are typical 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, these companies must 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 occurs when dangerous products such as Roundup®, cosmetics containing contaminated talcum powder, and others are used.
- 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 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.
Filing a claim allows you to exercise your legal rights, brings you justice for your trauma, and helps you move forward. If you or a loved one has been injured due to 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
Contact us immediately if you or a member of your family have been injured by a dangerous or defective product. Our injury lawyers offer 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, explain options to recover damages, and answer any questions. We can be reached online also.