Each year, numerous children and adults suffer injuries as a result of using a damaged or defective product. These types of products can include toys, baby equipment, e-cigarettes, medical equipment, and many other commercial goods. When injured as a result of a defective product, the State of California allows the victim an opportunity to seek monetary restitution from the responsible party.
Understanding a Product Liability Claim in California
Products liability claims can be pursued by the victim of an injury caused as a result of a defective product in effort of recovering monetary compensation for the damages sustained. In California there are three possible categories for a product liability lawsuit:
- A manufacturing defect, which occurs in the production process of the item;
- A design defect, which is a dangerous product, regardless of how strict the manufacturing process was; or
- Lack of warning about potential dangers or lack of sufficient instruction on the product.
Damages Available in a Claim
A product liability claim can help a victim receive monetary compensation for the damages he or she sustained from the product’s defect. Depending on the severity of the injury, the following damages may pursued:
- Past medical expenses, which includes emergency medical treatment;
- Present medical expenses, which includes current hospital stays, prescriptions, and treatment;
- Future medical costs, in the event that surgery is needed to treat the injury;
- Loss of income, when the victim is unable to return to work while he or she is in recovery or the permanent inability to return to work;
- Diminished quality of life, which results from a victim’s inability to continue participating in favorite hobbies, recreational sports, and other activities; and
- Wrongful death, which are damages available to the victim’s family in the event that the injury resulted in his or her death.
After a Product Caused Your Injury, Speak to a Qualified Products Liability Attorney Who Will Fight On Your Behalf
There is a wide range of details that can apply to a products liability claim. For instance, a victim’s case can involve multiple parties that may be held responsible for the injury. Following an injury caused by a defective claim, it is important to act quickly and seek the legal support of a well-versed attorney. Under California law, victims of defective products may seek restitution for their grievances. A skilled attorney can help obtain the maximum amount of restitution available.
If you or someone you loved has been injured by a defective product, it is critical to pursue legal action as soon as possible. Under California law, product liability claims must be filed within a specific time frame; consult a skilled attorney for more information.
The personal injury attorneys at Martinez & Schill, LLP are highly skilled in product liability claims. The firm has a track record of vigorously defending the rights of those who have been injured as a result of another’s careless actions. Following an injury caused by a defective product, consult the firm for a free initial consultation.