If you, your child or another member of your family has been involved in an accident involving a defective product, it is important that you speak with an attorney about your legal rights. You may be entitled to significant financial compensation, but proving your claim could also prove extremely difficult. At Banafshe Law Firm, PC, we have had significant success securing just compensation in defective product cases, and our defective product attorney can use this experience to help you recover the compensation you deserve.
Defective product cases are difficult to prove, as they require the claimant to show that the product that caused their injury, their child’s injury or their loved one’s death was legally defective. Under California law, the term “defective” has a special meaning, and there are three generally-recognized types of defects. These are: (i) design defects, (ii) manufacturing defects and (iii) inadequate warning defects.
In order to show that a product has a defective design, you must be able to show that the product itself is inherently flawed. This means that the product is designed in such a way that even if the consumer used the product as intended, the product will still be considered dangerous and the risk of injury outweighs the benefits of its design.
These types of cases involve products where the design of the product is generally safe, but the manufacturer failed to properly construct, formulate or assemble the product, thus rendering it unsafe for use by consumers.
These types of cases involve products being sold with labels or instructions that fail to properly warn consumers of a risk associated with the product’s use. In order for a defective marketing or defective warning claim to exist, the risk must not be obvious or readily apparent from the product itself.
While most of us never think about the possibility of the products we buy being defective, the reality is that companies design, manufacture and sell defective products all the time. As a result, it simply is not possible to list all of the products that could potentially be defective. With that said, some of the most common types of product defect claims involve:
Regardless of the type of product, if you or a member of your family has been involved in a product-related accident, you owe it to yourself to find out if the product was defective. Our attorneys can help, and we strongly encourage you to schedule a free consultation right away.
If you or someone you love has been seriously or fatally injured by a defective product, there are a number of reasons why you need to hire an experienced defective product attorney. First, in order to file a successful defective product claim, it is not enough to simply show that you or a member of your family was injured. You must also prove that you or your loved one was injured by a malfunctioning or unsafe product. In order to prove your case, extensive research and evidence gathering must be conducted, and you must be able to present a convincing case for liability. Our defective product lawyers are intimately familiar with the factual and legal challenges involved in these cases, and we can use our knowledge and experience to seek maximum compensation in your product liability claim.
Second, most companies have highly experienced defense lawyers who are prepared to handle defective product claims. You will need an equally experienced attorney that can competently, effectively and aggressively fight for you every step of the way. Your lawyer will need to have the negotiation skills required to argue effectively for a favorable settlement, and he or she will need to have the litigation skills required to take your claim to trial if necessary.
Finally, in product defect cases, proving liability is only half of the battle. You also need to prove how much you are entitled to recover. Your losses could be substantial, and you will need to work with an experienced attorney to calculate just compensation for your long-term medical expenses, loss of income, pain and suffering, and other financial and non-financial losses.
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. If you would like more information about seeking just compensation after an accident involving a defective product, we encourage you to schedule a free initial consultation at Banafshe Law Firm, PC. To speak with a defective product attorney as soon as possible, call 310-273-7300 or tell us about your case online now. We are available 24 hours a day, seven days a week, and se habla espanol.