The Ultimate Guide to Product Defect
Accident Injuries in California

Product Defect accidents in California

If you or someone you love has been injured in a Product Defect accident, it is important to know what your rights are, so that you can get the compensation that you deserve.

And this in-depth guide outlines what to do after an accident, the legal process of filing a claim, as well as how to ensure that your rights are protected in the process.

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What to Do After a Product Defect Accident occurs

Prioritize Your Health

If you think your injury was the result of a faulty product, do the following:

Don't delay-Get Medical Care right away: Take care of your health and make a medical record. Preserve the Item: Do not modify or discard the product in question.

Write it Down: Document everything with photos of injuries, the product, packaging and purchase receipts. Document the Involvement directly to the manufacturer or retailer.

Do not Speak with Insurers or Manufacturers Unattended: Insurers and manufacturers may rely on your words against you.

Talk to a Product Liability Lawyer: A product liability attorney can review your case and safeguard your rights. Product Defect Accident Cases: The Legal Process This is what you can anticipate from a product defect case: First Consultation: We review your case and develop a strategy. Analysis: Gather evidence such as a product expert opinion, accident reports, and medical records.

TYPES OF PRODUCT DEFECT
ACCIDENTS AND INJURIES

There are three main categories of product defects from which product liability cases typically are generated:

Defects in Design: Flaws in the product’s design that make it unsafe (i.e. SUV’s that roll over, choking toys).

Defective Production: Mistakes during the production process resulting in an unsafe product (e.g., tainted food, malfunctioning airbag).

Marketing/Labeling Negligence: Lack of proper warnings, instructions, or label (e.g. side effects of medication not disclosed). Possible injuries caused by defective products can be: Electrical injury from defective electronic equipment Fractured bones from falling furniture Traumatic brain injuries due to a defective helmet Abrasions or avulsions with power tools Foodborne or drug-related illness

Report the Accident

Inform the local police and your insurance provider of the accident.

When talking about the incident, be honest but do not accept responsibility.

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Establishing Who Is at Fault

California Liability Respondent Superior law allows several entities to be held responsible:

Manufacturers: The manufacturer of the defective item

Distributors and wholesalers: Middlemen that carried the product

Retailers: Stores that sold to the end consumer

Liable parties can include:

Car Drivers: If the car driver disobeyed traffic rules or was texting while driving.

Government Agenies: Whether or not bad or unsafe roads caused the accident.

Bicycle Manufacturers: If a bicycle defect was the cause of the accident.

Compensation for motorcycle accidents in california

California applies a theory of strict liability to product defects. This means that you don’t have to prove negligence. In order to prove liability you need to demonstrate: The product was defective. The infirmity was upon it when it passed from the hands of the defendant. The product was defective and when used in a foreseeable manner caused your injuries. A claim may also occasionally be made in negligence, or for breach of warranty. Kinds of compensation for product defect accident victims Those who have been harmed by defective products may be able to recover:

Healthcare Costs: Medical costs at present and in the future

Loss of earnings: Time away from work and reduced earning power

Pain and Suffering: Physical pain and mental anguish

Property Damage - Repairs or replaces your bike and gear.

Disability: Long-standing or permanent disability

Loss: Payment for the destruction of tangible property.

Punitive Damages: Recovered when the manufacturer's behavior is particularly wrongful

Wrongful death damages: Funeral expenses, lost earnings, loss of society and companionship if a family member died

Understand Time Limits

How Long Do I Have to File a Claim in California?

In California the limitation period for product liability is two years from the date of injury. Exceptions may apply: The Discovery Rule: The statute of limitations often starts running when you discover (or reasonably should have discovered) that your harm or illness was caused by a defective product. Minors and Incapacitated Persons: May File Extended Period to File.

Timely action is critical. Delay can threaten your right to recover compensation. Filing the Claim Filing the Claim: A complaint formally accusing responsible parties is launched. Discovery Phase: Both parties share evidence and take depositions. Settlement Discussions: Typically, most cases resolve through settlement via some sort of negotiation or mediation. Trial: If no resolution is reached the case is taken to trial. Appeal (if necessary):Following a judgment or order, post-trial motions, or an appeal may be made.

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Navigating the Legal Process

Below are the common processes such cases usually follow:

Enquiry: Collecting sufficient evidence.

Negotiation: Trying to come to an agreement with insurance of at-fault party.

Litigation: When no settlement is reached, filing a lawsuit and appearing in court.

During the entire process, Beverly Hills Injury Firm will fight for your rights
and strive to obtain the highest possible settlement for you.

FAQ's

Do I have to show negligence to be successful in a product defect claim?

No. In a strict liability case, you only need to be able to show that the product was defective and that it caused the injury.

Can I sue if I was using the product in a manner it wasn’t intended for?

Possibly. If it was foreseeable that the misuse could occur, you still could have a claim.

What if I received the item as a gift or secondhand?

You can sue the manufacturer even if you did not buy the product directly

Can I pursue a case based on emotional distress alone?

Usually, emotional distress needs to be connected to a physical injury that came from the product.

How long will the legal battle last?

It will vary depending on the complexity of the case. Some resolve in months, but others can take years, particularly if they proceed to trial.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your product defect accident 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 involved in a product defect accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in product defect accident 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.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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