YOU HAVE QUESTIONS,WE HAVE ANSWERS. Common Questions
In California, one must prove that the product distributed, sold, or manufactured by another party had defects or did not include proper instructions on how to properly use the product without risk of serious injury.
Similar to other personal injury cases, some commonly recovered damages for product liability cases are:
- Lost wages;
- Pain and suffering;
- Medical and hospital bills; and
- Medication costs.
In California, all product liability claims have a statute of limitations. A statute of limitations is a time frame in which victims have to settle their claim or file a lawsuit. Victims who fail to settle their claim or file a lawsuit within the statute of limitations lose their legal right to seek compensation for their injuries. Therefore, it is imperative to consult with a trucking accident attorney as soon as possible, to help assess the applicable statute of limitations.
Common injuries seen from defective products include:
- Broken bones;
- Nerve damage;
- Vision impairment; and
Most products should go through a thorough process of design, approval, development, production, shipping, sale, and more. Any company, manufacturer, person, distributor, and retailer could be held responsible for defective products and the injuries they cause.
In many cases, to prove a defective product caused an injury the following should be confirmed:
- The product in question was designed, manufactured, distributed, or sold by the defendant or the company the defendant works for;
- When the product was sold or transferred to the victim, it was defective;
- The product was used in a reasonable manner by the victim;
- Serious injury was sustained by the victim because of the product.
Not all disclaimers give complete immunity to manufacturers or companies. These can be broad, general statements about the product but they can still be held liable for injuries caused by defective products. In cases like this, it’s important to work with an experienced California product liability attorney to understand the ins and outs of disclaimers and product liability.
Faulty brakes, gas pedals, lights, mirrors, speedometers, airbags, seatbelts, and other safety equipment can lead to serious injuries in motor vehicle accidents related to defective products.