Product Defect Lawsuits Explained:
The Consumers Guide to Filing a Lawsuit in California

What Is a Product Defect Claim?

Product Defect Lawsuit's are a lawsuit stemming from a product defect or product liability claim is one that results from a consumer being injured or killed by a dangerous or defective product.

Strict Liability California law holds manufacturers, distributors, and retailers to strict liability for injuries caused by defective products, even when the manufacturer, distributor, or retailer is not at fault.

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Types of Product Defects

The State of California formally recognizes
three types of defects:

Defects in Manufacture: These defects happen when a product is being produced, causing them to not perform the way they were designed to and causes unsafe products to be available.

Defective Design: These are defects in the product's design that can make it unreasonably dangerous with proper manufacturing.

Marketing defects(failure to warn): These are cases in which the product does not have sufficient instructions or warning about the correct way to use the product or about associated risks.

Proving Fault

Proving Fault in California To hold someone liable for wrongful death, certain elements must be proved in California.

To prevail in a California product liability lawsuit,
a plaintiff usually needs to establish that:

The defendant created, produced, distributed, or sold a product that was defective.

The defect existed in the product at the time it was transferred by the defendant.

The product was used by the plaintiff in a normal manner.

The defect caused injury to the plaintiff.

In such cases, California frequently imposes strict liability, under which the plaintiff does not need to show that the defendant had been negligent, but merely that the product was defective and caused the injury.

What to Do in the Event of Injury
from a Defective Product

Get Medically Treated:
First and foremost, take care of yourself and seek medical treatment.

Save the Product:
Retain the faulty product, packaging, receipts, as well as any directions or warnings.

Record the Event:
Photograph the product, your injuries, and the surroundings.

Obtain Witness Contact Information:
If there are any witnesses to the accident, get their information.

Talk to a Lawyer:
A lawyer can evaluate your case and walk you through your legal options.

In California, the deadline to file a product liability claim is typically two years from the date you were injured or the date you discovered (or should have discovered) that your injury was caused by a defective product.

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Potential Compensation

Injury Justice Attorney In such cases, victims of defective products
may be able to pursue compensation for:

Costs for treatment, rehabilitation, ongoing care- Medical Expenses.

Loss of earning: The loss of income from the inability to work.

Pain and Suffering: Actual physical pain and emotional pain suffered.

Damage to Property: Repairing or replacing the property that was harmed.

Navigating the Legal Process

In general, the legal process consists of:

Discovery: Gathering evidence and determining responsible parties.

How to Sue: The act of filing a lawsuit against those who caused your accident.

Settlement: Settlement discussions with which to resolve the claim.

Litigation: If settlements fail, going to trial to seek a court ruling.

If you have been hurt because of a defective product in the state of California, it’s important to know your rights and the various legal recourse you may have. Timely response, well maintained evidence, and competent legal representation can make a huge difference in the value of your case.

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FAQ's

If I didn’t purchase the product can I still file a claim?

Yes. Any person injured by a defect in a product can file suit in California, regardless of whether he or she is an actual purchaser.

What if I was partly responsible for the injury?

California follows a comparative negligence rule, which enables you to recover some damages even if they are reduced by your own percentage of fault.

Are online markets like Amazon responsible for defective products sold by third parties?

California courts have ruled that online marketplaces can be liable for defective products sold by third-party vendors.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your product defect lawsuit means that you are represented by an expert in the law relative to California.

Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been injured by a defective product in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in product defect cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

MEET SHAWN MANGOLI

A career dedicated to
fighting for your rights

Shawn Mangoli, founder of Beverly Hills Injury Firm, is a highly respected attorney with a focus on personal injury law. With over a decade of experience in civil litigation, Shawn has tirelessly fought for the rights of the injured, securing numerous multi-million-dollar settlements.

Recognized by Super Lawyers and a respected member of both the Consumer Attorneys Association of Los Angeles and the American Association for Justice, Shawn's dedication to justice is both unwavering and profound.

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