California Product Liability and Auto Defects Lawyers
At Boucher LLP, our product liability attorneys in California have represented injured consumers against some of the largest product and automotive manufacturing companies. Our legal team has the resources and experience to identify a product defect, provide evidence that it caused our clients’ injuries, and ensure that the responsible parties are held accountable for the damage.
When putting a product on the market, manufacturers, distributors, and retailers have a duty to ensure its safety and reliability. As consumers, we place an implicit trust on these companies that the duty will be upheld. However, corporate expediency, greed, negligence, or oversight can lead to a breach of this trust and a defective or dangerous product can end up in consumers’ hands. When this product causes harm, the responsible party–whether it be the designer, manufacturer, distributor, or retailer–must be held accountable.
The California defective product lawyers at Boucher LLP will fight for your rights as a consumer and to maximize your compensatory damages. In holding these companies liable, we can remove dangerous products from the market, ensure safeguards are put in place to prevent future harm, and begin to restore trust.
Types of Defective Product Claims in California
A manufacturer, distributor, or retailer is liable for defects in the products they sell. A product can be defective in one of three ways. A product may have:
- A design defect,
- A manufacturing defect, or
- An inadequate warning.
A design defect is a flaw in the original design of the product. In other words, it was an intended feature of the product that was ultimately found to be faulty. The problem often impacts the whole product line. For example, Philips recently recalled its CPAP machines because the foam degrades and the user may inhale or ingest the particles. Because this specific material of foam was an intended aspect of the machine, it is considered a design flaw.
When a product fails due to the unintended consequences of a manufacturing error, it is considered a manufacturing defect. These defects typically appear in an individual product or a single production run. Considering the CPAP foam example above, a hypothetical manufacturing defect would be if the foam (material corrected) was not properly adhered to the machine during the manufacturing process. The design, of course, called for adequate attachment of foam to the machine, but the design was not properly executed.
If a product lacks sufficient warnings for potential risks and dangers, a seller is liable for a “failure to warn.” Even a perfectly engineered and manufactured product might pose hazards to consumers and they must be notified through accurate labeling. If the product’s dangers can be avoided by proper use and/or maintenance, the manufacturer may need to include clear instructions. When the risks are unavoidable, the seller is required to notify the potential consumer so they can make an informed decision on whether to use the product. For example, on a Tylenol bottle, you can expect to see a warning about the risk of liver damage.
How Do You Know If You Purchased or Used a Defective Product?
Not every product that breaks or poses a danger is automatically considered defective. If you make modifications or the product fails because of ordinary wear and tear, a manufacturer may not be held liable. Regardless, if you have been harmed by a consumer product, we recommend you consult with a product liability lawyer in California before making a claim. Because the law has several complex elements and companies will often blame the injured consumer for lack of proper use or care, proving a product defect can be exceedingly difficult. When you contact the skilled attorneys at Boucher LLP, we will thoroughly investigate the product’s faults and we will handle the process of collecting evidence and arguing your claim.
California Defective Product Laws
California has several important laws that affect product liability cases. First, the California Code of Civil Procedure 335.1 requires most product liability claims to be filed within two years of the date of the injury. Second, according to Civil Code 1431.2, California courts use pure comparative fault when assigning liability. Under the law, each person is accountable for their percentage of fault. You can still make a claim if you misused or modified a product that contributed to your injuries. However, your award may be decreased by your percentage of responsibility.
Will a Class Action Lawsuit Benefit Me?
Often, a widespread defective product injures a large group of people. In that case, a class action lawsuit can place immense pressure on the company and secure compensation for many people under the same lawsuit. However, if you believe your injuries are unique, you may decide you want to pursue your own claim. Your product liability attorney can advise you on the best course of action.
Boucher LLP: Defective Product Lawyer in California
It is a shocking betrayal when a product that was touted as beneficial, healing, or helpful has instead caused significant harm. Consumers should reasonably expect that a product will function as it was marketed to function and that the manufacturer has operated in accordance with all consumer protection laws. Unfortunately, this is not always the case and companies often value profit over people. If we hold them accountable, though, we can have tremendous power.
If you have been injured or harmed by a defective product, call Boucher LLP today and let us guide you through the process. When you call our firm, our experienced California defective product lawyers will listen to your story with compassion and will explain your options under California’s product liability laws. We will be unrelenting in our pursuit to recover the compensation you deserve.
Related Practice Specialties.
- Catastrophic Personal Injury & Wrongful Death Cases
- Defective Medical Devices & Pharmaceutical Injuries
- Unfair, Unlawful & Fraudulent Business Practices
Contact Us for a Free Case Evaluation.
Our California product liability lawyers are here to listen to you and determine what we can do to win justice on your behalf. Please contact us today for your free case evaluation.