Stockton Products Liability Lawyer
As Americans, we enjoy access to some of the most innovative products on the planet. Oversight by government agencies and consumer advocacy groups has resulted in a great deal of confidence in the products we use regularly. Without conscious thought, we rely on proper design, adequate testing, and careful manufacturing procedures to keep us safe. Unfortunately, sometimes those systems fail, and due to negligence in one or more of those areas, a harmful product may be released to the public, causing injuries, or even death. When that happens, the injured parties deserve justice and financial compensation for their damages.Products Liability Law
Despite efforts to keep the products on the American market safe, consumers are exposed to unsafe products regularly. Manufacturer defects can remain undetected until the product goes on to cause harm. The same is true with yet-to-be-discovered design flaws. California has comprehensive products liability laws designed to protect the public from harm caused by dangerous and/or defective products.
Part of the job of an experienced products liability lawyer is to determine where in the supply chain, the negligence occurred and what entity should be held responsible for the harm caused. There are usually many possible defendants involved in a products liability case. Potential defendants include:
- Component part manufacturers
- Assembling manufacturers
- Retail outlets
Manufacturers of defective or dangerous products could be held liable (legally responsible) for a failure to warn the public of the dangers associated with the use of their products. Product manufacturers have a legal obligation to provide clear warnings of potential hazards on product labeling or within included paperwork. If a defective or dangerous product causes harm to a consumer, some combination of the following types of liability could be the legal bases for a lawsuit:
- Design Defect
- Manufacturing Defect
- Failure to Warn
While virtually all products have the potential to be defective, some are more prone to become dangerous due to a defect. Here are some of the most common product types associated with products liability lawsuits:
- Medications - prescription and/or over the counter - such as Zantac, Elmiron, and Metformin. These can have undisclosed side effects, be defectively manufactured, include incorrect or incomplete instructions, or not have the required warning labels.
- Medical Devices, such as the Paragard IUD or Allergan Breast Implants
- Tools and Machinery
- Harmful chemicals and/or pesticides such as Round-Up and Dicamba
- Food Items
- Motor vehicles such as trucks, motorcycles, recreational vehicles, ATVs
- Auto accessories such as airbags, seatbelts, tires, and car seats/booster seats
- Household appliances - may overheat, causing a fire
- Children's toys - there are many cases of toys presenting a choking hazard or having been made with dangerous paints or other chemicals
- Children's furniture such as cribs that come with asphyxiation or entrapment hazards
- Clothing / Apparel - choking danger, or constructed with flammable material
Other defectively designed or manufactured products that could cause injury include the following:
- Tire jacks (see recent Harbor Freight recall)
- Electric heaters that create a fire hazard
- Defective step stools or ladders that create a fall risk
- Industrial equipment such as cranes, forklifts, or scaffolding, all of which, if defective could cause catastrophic injuries
Sometimes, but certainly not always, dangerous and/or defective products are actually recalled from the marketplace due to the discovery of significant danger associated with their use. Recently recalled products include:
- Zantac (recalled by the U.S. Food & Drug Administration)
- Takata airbags (manufacturer recall)
- Allergan Biocell textured breast implants (recalled by the FDA)
- Metformin (voluntarily recalled by several manufacturers)
In addition, it seems that every few months there is a recall on food items sold at grocery stores due to contamination with salmonella or E. Coli.
Below is a video from CBS reporting on the Takata airbag recall.Recovering from Injuries Caused by Dangerous Products
Many times, injuries caused by defective products are overlooked. The injured person may not immediately realize that their injuries were caused by a defective product - this is often the case with defective or dangerous medications. Other times, an injured person may feel helpless to take on a huge manufacturing corporation. It is important, however, to hold these companies accountable. Consumers do not deserve to be injured by a dangerous product.
Each year many consumers suffer injuries, and some are killed as a result of using defective and dangerous products. Some of the most common injuries caused by defective products include:
- Head Injuries due to falls
- Broken Bones
- Cancer diagnosis caused by use of a dangerous drug
Recovering from severe injuries can take months or even years. Often people are left with chronic pain or permanent disabilities. Recovery from injuries takes time. Standing up to a large corporation takes courage. After suffering injuries caused by a defective product, it is essential to understand your options and legal rights. If you or a loved one has been injured as a result of a dangerous or defective product, our experienced law firm invites you to discuss your claim with us, at no obligation.Stockton Products Liability Lawyer
I'm Ed Smith, a products liability lawyer in Stockton, California. If you or a family member has experienced an injury or other medical harm due to your use of a dangerous or defective product, do not delay - reach out to us so that we can discuss your legal rights. Call me at (209) 227-1931 or (800) 404-5400 to set up a no-obligation consultation. I also offer an online contact option.
The products liability lawyers employed at our firm are experienced and skilled in litigating cases against manufacturers of dangerous products. We have had success with such cases through informal settlement negotiations, and in jury trials. We have successfully recovered compensation for Californians who have been harmed by defective medical devices, dangerous drugs, industrial equipment, defective automobiles, and other hazardous products.
Please take a moment to read reviews from many of our prior clients on Avvo, Google, and Yelp. A sampling of our successful case conclusions can be found on the verdicts and settlements page of our website.
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