PRODUCTS LIABILITY

When someone is injured due to the defective design or malfunctioning of a consumer product, the law provides for recovery of all damages caused by that defective product.  In California, there is “strict liability” for injuries caused by defective products.  It is not necessary to prove that the manufacturer or seller of a defective product was “negligent” or otherwise at fault only that the product itself was defective and that the defect caused the injury.  Our firm represents consumers injured by defective products.

If you believe you have suffered an injury due to the defective design or the malfunctioning of a product, you almost certainly should consult with an experience lawyer to determine your rights.  Establishing  a case for recovery based on product liability is often complex, time consuming, and expensive since it will often require the retention of expert witnesses who can offer opinions on the defective nature of the design and/or manufacture of the product.

Prior to consulting with an attorney here are some suggestions:

1. •If available, get the product and keep it in the exact condition it was in at the time of the injury.  If the product is not under your control, at least try to get photographs.  If the product is not under your control, consider getting an exemplar product of the exact same specification.
   

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3. •Obtain the names of all witnesses to the accident or others that have information relative to the accident, the product, or surrounding circumstances.
   

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5. •Document all medical care and treatment with photographs, if appropriate, and be prepared to discuss relevant health insurance information with the lawyer.
   

Early retention of legal counsel is particularly important where the product is not under your direct control since preservation of the product for future testing and analysis is best accomplished by the handling lawyer in the context of a formal claim made on your behalf.

Many cases of serious personal injury may not initially appear as product liability cases but only develop as such with further investigation and research.  For example, an auto accident might be caused by a defective tire or stability system, but only detailed inquiry will reveal that as the precipitating case.  Similarly, accidents that occur at work or during the course and scope of employment might first be thought of as being wholly within the domain of the worker’s compensation laws but on further investigation be proved to be causally linked to the malfunction of a commercial or industrial product or piece of equipment.  Without experienced legal advice, you may be giving up your chance to obtain a full recovery for the damages you have suffered.