Orange County Product Liability Attorney

Defective products are far too common in the United States. Every year, an estimated 34 million people are injured or killed due to defective or dangerous products. We expect the products we buy and use every day to be safe, but unfortunately, dangerous products are released on the market every year, including medications, children’s toys, tools, and vehicles.

Types of Product Liability Cases

There are several subcategories of product liability claims, and most cases fall into one of three categories:

• Defective Manufacturing: This indicates something went wrong during the manufacturing process. Either there was an issue in the factory, a person who made the product did something wrong, or some other error occurred during the manufacturing of the product. Essentially, the defective item is different from all the other products made in that same line. For example, a child’s toy that was sold with a broken component would be considered defective manufacturing.
• Defective Design: Defective design indicates that the whole line of products was flawed from the start. It means the product, by its very nature, is dangerous or defective. The same child’s toy in the example above would be considered defective design if all the toys in that line were found to have the same flaws.
• Failure to Warn: This is a particularly concerning form of product liability because it means the manufacturer knew something was wrong with the product but didn’t warn the general public about it. For example, if the manufacturer knew the child’s toy had small parts that could pose a choking hazard, but didn’t include a warning on the box, it would be considered a failure to warn.

Did You Play a Part in the Accident?

The key component in a product liability case is whether you had a role in the accident that caused your injuries. For example, a car may have been built with the innate tendency to roll over, but if you were driving over the speed limit when that occurred, it’s likely to be considered your fault.

In every product liability case you must prove that:

• The manufacture, design, or lack of warning label is what caused your accident.
• You did not contribute to the events that caused the accident.
• The accident caused your injury, which in turn caused measurable damages to your health and finances.

Luckily, if you were somewhat responsible for the incident, you may still be able to receive compensation. California follows what’s known as a comparative negligence clause, meaning your compensation will be directly affected by your share of fault.

Calculating Compensation

There are several types of damages in all personal injury cases, and this is how you collect compensation. Recoverable costs include medical expenses, lost wages, pain and suffering, punitive damages, and wrongful death in severe cases.

Each type of damage will add to your total compensation amount, which will be calculated either using a formula or by considering bills and other reports. Your attorney will seek the most compensation possible for each type of damage.

Only Pay Us If You Win

At DiMarco | Araujo | Montevideo, we offer contingency agreements, meaning that you don’t pay a dime until your case is won. Especially since product liability cases tend to have the potential for higher median damage awards in comparison to other personal injury cases, it’s not worth the risk of placing your case and future into the hands of someone who have not proven their ability to win complicated California product liability cases. We have the resources and expertise to bring cases against large companies like product manufacturers, so contact us today for a free consultation.