Gardena Product Liability Lawyer

Gardena Product Liability Attorney

Whenever you purchase a product, you expect it to be safe. You expect it to be properly tested and only on the market because it was deemed safe enough to sell to the public. When it turns out the product is not only improperly tested but also dangerous, you may be able to pursue legal action against the manufacturer and receive compensation. You may want to consult with a Gardena product liability lawyer to determine the strength of your case.

At McLachlan Law, APC, our experienced Gardena personal injury team can help you develop a strong product liability case. Depending on what you have been through with a defective product, you may have suffered severe injuries that may take you some time to recover from, if recovery is even an option. The same may have happened to family members. You may be counting on your settlement to take care of your ongoing medical costs. We can help you take legal action.

What Is Product Liability?

Product liability is the legal liability that every manufacturer and developer in the United States has when they sell a product. California state law can be harsh when it comes to holding manufacturers accountable for releasing defective products. In most cases, for a manufacturer to be held liable for a defective product, there must be some element of negligence or recklessness associated with the product.

In California, the defendant may be held liable if they fail to anticipate how consumers will use or misuse their product. If they fail to provide an adequate warning for something that could have been reasonably foreseen, they may be held liable for it. Additionally, if a product is more dangerous than it should be, the manufacturer may be held liable for any injuries.

Statute of Limitations

To move forward with legal action in a product liability case, you need to make sure that you pay attention to the state of California’s statute of limitations for personal injury cases, which includes product liability cases. In most cases, the state will give you two years to build a strong case, gather the evidence you need, consult with an experienced lawyer, and file a claim for compensatory damages.

If you are not able to file your claim within a two-year window, there is a likely chance that your case is going to be thrown out. Your chance to pursue damages in your case will no longer be possible. It can take a long time to build a solid product liability case. It is advised to get started as soon as you can. If you are worried your case is not strong enough, reach out to a knowledgeable Gardena Product Liability Lawyer for an evaluation.

Areas of Fault

In order to establish a product liability case, you need to prove negligence through one of three potential areas of fault. Those areas include:

• Manufacturing Errors: On paper, a product’s design may appear completely sound. It is not until the product is actually manufactured that problems may start to emerge. If the product is rushed, it might be made of inadequate material or improperly tested. If this is the case, the fault may lie entirely with the manufacturer.
• Design Errors: Designing a product is no easy task. Sometimes, products are rushed to market to meet a demand. In these cases, design flaws may not even be noticed until it is far too late to do anything about it. A recall may be considered too expensive or costly to a company’s reputation. If it is determined the design is inherently flawed, fault may lie with the designer.
• Failure to Warn: Manufacturers are legally required to warn consumers of every possible danger associated with using certain products, including what could happen if the product is used incorrectly. Failure to do so could result in a product liability case.

FAQs About Gardena, CA Product Liability Laws

Q: What Is the Product Liability Law in California?

A: California’s substantial product liability law protects consumers from faulty, flawed, and dangerous products. It seeks to hold manufacturers, sellers, and distributors of these products accountable for their failure to provide adequate safety measures for their products. If you feel you may have grounds for a defective product claim, you should reach out to a product liability lawyer and start developing a case.

Q: How Can Companies Attempt to Defend Against a Product Liability Case in Gardena?

A: There are many ways that companies can attempt to defend themselves against a product liability claim in Gardena, CA. One of the more common defenses they may take is claiming that the product was not defective. Instead, the plaintiff simply misused it and assumed the risk of injury. They may also claim that the product worked fine when it left the factory or that your claim is outside the statute of limitations.

Q: Who Can You Take Legal Action Against for Product Liability in California?

A: Who you are allowed to take legal action against for product liability depends entirely on the details of your case. Every case is different because every product liability situation is different. Sometimes, the fault may lie entirely with the manufacturer. Other times, it may be the designer’s inherently flawed design that caused the injury. A thorough investigation will determine exactly who the claim needs to be made against.

Q: What Two Types of Product Liability Cases Are Most Often Brought Under Negligence?

A: The two types of product liability cases that are most often brought under negligence are defective designs and failure to warn cases. When a design is defective, it is usually a situation where a product is not designed to account for the risk in its use. For example, construction equipment might be too brittle to get the job done. Failure to warn cases arise when a product fails to describe its inherent dangers, which can cause injury.

Contact a Dedicated Gardena, CA Product Liability Law Firm Today

At McLachlan Law, APC, we can help you put together a solid case for product liability. We can investigate the strength of your claim, help you gather evidence that backs up that claim, and make sure you are not taken advantage of by companies seeking to preserve their reputations. Contact us to speak to a team member about how we can help.