According to the National Safety Council, defective and dangerous products injure nearly 12 million people in the U.S. annually. While some of these injuries are minor, many are severe and cause lasting physical and mental complications. Consumers count on product manufacturers to minimize the risk to consumers. The law can hold manufacturers financially accountable when they violate this duty and cause harm.
If you have sustained injuries due to a defective product in San Mateo, the law firm of Carcione, Henderson & Markowitz, LLP, is here to assist. We can pursue financial compensation against the manufacturers of the defective product to recover your injury-related losses, including medical bills, lost work income, and pain and suffering.
Contact us online or reach out by phone to speak with a San Mateo product liability lawyer today. Your initial consultation is free, and you pay nothing unless we recover money on your claim.
Why You Should Hire a San Mateo Attorney for Your Product Liability Claim
When recovering from your injuries, the last thing you want is to deal with insurance claims and lawsuits. A San Mateo product liability attorney can guide you through the claims process and handle every legal aspect of your case. CHM Law Firm has over four decades of experience in product liability claims, and we work tirelessly to reach a fair and favorable outcome for our clients.
The lawyers at CHM Law Firm have won several multi-million-dollar settlements and verdicts for product liability claims in California, including a monumental $296 million verdict for defective auto parts. Our aggressive advocacy in product liability claims has also contributed to safer industry standards for consumers. We are selective in our cases and intentionally keep our workload small to give sufficient time and effort to each client. Our attorneys and legal support staff make it a point to get to know our clients and their families to better understand how their injuries impact their lives.
What Does Product Liability Mean?
Product liability is a legal doctrine establishing that product manufacturers are legally responsible when defective products cause injury. In other words, if you buy a defective product and it hurts you, the manufacturer could be on the hook for your injury-related losses. You can recover financial compensation through a product liability claim against the manufacturer.
Here is a simple example to illustrate the concept. Say you buy a new gas grill with a defective fuel hose. While grilling, the defective hose causes the grill to ignite and explode, causing shrapnel and burning injuries. In this case, you could pursue a product liability claim against the manufacturer because there was a defect in their product, and you sustained injuries due to that defect. Under the principle of product liability, these two facts make the manufacturer responsible for your injuries.
What Compensation Can I Recover for Defective Product Injuries?
With a product liability lawsuit, you can recover compensation for any losses you suffered due to your injuries. These losses include any explicit economic costs, such as the following:
- Medical bills and continuing medical expenses
- Lost income from missing work
- Reduced lifetime earning capacity
- Miscellaneous injury costs (e.g., childcare, transportation, etc.)
A defective product attorney from CHM Law Firm can also pursue compensation for your intangible and noneconomic losses, such as the following:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment or convenience
- Loss of consortium
We strive to be as comprehensive as possible with your compensation and will assess every possible source of remuneration. Our goal is to secure funds sufficient to manage your injury costs and put you on a solid financial footing to recover and rebuild your life.
What Should I Do if a Defective Product Hurts Me or a Loved One?
The first thing to do is document your injuries and the accident scene. Take pictures of your injuries and note what you were doing and how you were using the product when the injury happened. Make sure you preserve the defective product, as you’ll need it for evidence in your claim.
Next, see a doctor about your injuries. The more medical documentation you can get, the easier it will be to prove your injuries. Finally, contact a defective product lawyer as soon as possible. They can start building your case and initiate the next steps of the claims process.
Who Is Liable If I Am Injured or Damaged by a Defective Product?
In California, anyone involved in the creation or distribution of a defective product can be liable under a product liability claim. This list could include manufacturers, designers, shipping companies, inspecting agencies, wholesalers, and retail outlets. In some cases, multiple entities in the production chain can bear liability.
Most personal injury claims require proving negligence to establish liability. However, product defect claims are different. In California, manufacturers are strictly liable when one of their defective products causes injuries. Strict liability means victims do not have to prove negligence to recover compensation; so long as they created the product and the product caused injury, the manufacturer is liable.
Further, California courts have ruled that online marketplaces and distributors, such as Amazon, can be liable for defective product injuries. Because marketplaces insert themselves in the distribution process between the seller and buyer, they assume responsibility for defective products.
What Are Common Examples of Defective Products?
Some types of defective products frequently involved in product liability claims include the following:
- Car Parts – Cars contain several devices and parts that can malfunction and cause injury, like airbags, tires, brakes, fuel tanks, batteries, and seatbelts.
- Appliances – Electric and gas appliances like toasters, microwaves, grills, stoves, furnaces, and water heaters can cause severe injuries, including burns and explosions.
- Electronics – Defective electronic devices can short-circuit and catch fire or cause electrocution. Lithium-ion batteries can overheat and are common in many modern electrical devices, such as laptops.
- Furniture – Furniture with design defects, like bookshelves and dressers, can fall over and cause severe or fatal injury. Defective chairs, benches, and tables can also cause injury.
- Child Products – Various children’s products, such as cribs, car seats, changing tables, and strollers, can harm children if defective. Toys with small parts or toxic materials can also pose a risk to children.
- Pharmaceuticals – Drug products may have unintended side effects that cause illness, injury, disability, and even death.
- Medical Devices – Common defective medical devices include pacemakers, joint replacements, insulin pumps, defibrillators, and cosmetic implants (e.g., breast implants, lip filler, Botox, etc.)
What Are the Different Kinds of Defective Product Liability Claims?
The following are the three primary ways a product can be defective for the purposes of a product liability lawsuit:
- Manufacturing Defect – Products are defective when there is a material defect due to deviations and errors in the manufacturing process. These types of defects typically only affect a handful of products in a specific line.
- Inherently Dangerous Design – A product may have an inherently dangerous design that causes injuries, even when it is manufactured and used correctly. This type of defect affects every product in a given line.
- Failure to Warn – Products that lack sufficient warnings or instructions can also be defective. Even if a product is safe when used correctly, a lack of warnings or instructions can still count as a marketing defect.
What If a Family Member Dies as a Result of a Defective Product?
If a family member or loved one has died due to a defective product, you may be able to pursue a wrongful death claim against the manufacturer. With a wrongful death claim, you can recover compensation for any loss of financial support and emotional suffering you have experienced. In California, the deceased’s personal representative can file a wrongful death claim, as can their surviving spouse, children, and other heirs.
How Long Do I Have to File a Defective Product Liability Claim in California?
California law places a two-year time limit on all claims for injury due to wrongful act or neglect, including product liability claims. The two-year time limit starts from the injury date or the date the victim discovered or could have discovered their injury through reasonable diligence. Note that, unlike many other states, California has no statute of repose for product liability claims, so it does not matter when the product was bought or manufactured.
One major exception to this time limit is California’s continuous accrual rule, which concerns wrongdoings that recur repeatedly over time. Each violation counts as a separate instance, triggering a new limitations period. As such, new violations can fall within the time limit, even if old ones don’t. This principle is especially relevant in product liability claims where using defective products can cause repeated injuries over time.
