Product Liability & Defective Products
When you or a member of your family is injured by a dangerous or defective product, recovering financial compensation involves filing a claim under the law of “products liability.” This is very different from filing an ordinary claim for negligence, and it requires the representation of a products liability lawyer who has specific skill in handling these complex types of claims.
At Banafshe Law Firm, PC, we have the experience you need to recover just compensation after a product-related accident in Southern California. We represent individuals and families in cases involving dangerous and defective vehicles, product-related accidents at home and at work, injuries to children, and all other types of products liability claims. We are passionate about fighting for our clients, and we are committed to recovering maximum compensation for their losses. If you believe that you may have a products liability claim, contact us today to speak with one of our experienced attorneys in confidence.
In products liability cases, one of the first questions that needs to be answered is: Who is liable? The answer to this question is not always as straightforward as it may seem; and, in many cases, victims and families will be able to pursue claims against multiple commercial parties. Generally speaking, the parties that may be liable for accidents involving dangerous and defective products include:
Critically, California follows a rule in products liability cases known as “chain-of-distribution” liability. Under this rule, all companies involved in putting a defective product into the hands of a consumer can be held liable regardless of whether or not they are responsible for the existence of the defect. While these companies may eventually sort out ultimate liability amongst themselves, as a claimant, this allows you to sue any and all companies that played a role in putting the product that harmed you or your loved one on the market. As your products liability attorneys, we will pursue all available claims on your behalf to ensure that you have the best chance of recovering maximum compensation for your losses.
So, that covers who is liable. Now, how do you prove that one or more of these companies is liable for your accident-related losses? In California, there are four basic elements of a products liability claim:
First, you must be able to prove that either you or a member of your family was seriously or fatally harmed in the accident. Generally speaking, if you are at the point of hiring a products liability lawyer, this element is going to be satisfied. All types of traumatic and catastrophic injuries are covered. Parents can file claims on behalf of their children, and individuals who have lost loved ones can file claims for wrongful death.
Second, you must be able to prove that the product was defective. Typically, this is the most challenging element to prove, and this is where having an experienced products liability lawyer can be absolutely crucial. In addition to examining the product itself (or any remnants of the product), your attorney will need to gather information from various other sources as well, and he or she will need to engage appropriate experts to determine how and why the product failed.
Third, you must be able to prove that the product defect was a cause of your or your loved one’s injury. For example, if you were injured in a rear-end collision caused by a distracted driver and it turns out that your brakes were defective, you might not have a products liability claim. Here, too, having an experienced products liability attorney is critical, and the company (or companies) you sue will almost certainly try to argue that the defect was not a causal factor.
Finally, in California, proving a products liability claim requires evidence that the victim of the accident was either (i) using the product as intended, or (ii) using the product in a reasonably foreseeable manner. Additionally, even if you were not a direct user of the product, but were injured by the product through someone else’s use, California law dictates that you may be able to maintain a claim for product defect as a bystander. Proving and disproving this element can both be challenging, and at Banafshe Law Firm, PC we have the skill and experience required to present compelling and unassailable claims for financial compensation.
Do you have a products liability claim? Do you think you might have a products liability claim? If so, we want to hear from you. Contact us now to discuss your legal rights with an experienced products liability lawyer in confidence.
Product-related accidents can be devastating. If you have been seriously injured, or if a member of your family has been seriously injured or killed, you should not suffer any more than necessary. Our firm can handle every step of the process for you and our assistance never costs you anything unless our representation results in you receiving the monetary compensation you are owed. We also advance all case costs. To find out if you are entitled to financial compensation, call 310-273-7300 or request a free consultation online today.