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Orange County Product Liability Attorney

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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. Consult with our Orange County product liability lawyers today for a free case evaluation.

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 a 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.

Why Types of Damages Are Available In a Product Liability Case?

Product liability victims in Orange County may be able to recover a range of compensation if their claim is successful against a company or manufacturer. There are various types of “special” and “general” damages that may be available in these circumstances.

Special damages. These damages are also referred to as “economic damages,” and they revolve around the more calculable expenses that individuals are likely to incur as a result of an injury caused by a defective product. These expenses can include the following:

  • Emergency medical bills
  • Ongoing hospital expenses or follow up doctor visits
  • Physical therapy or rehabilitation
  • Surgical expenses
  • Prescription medication or over the counter medications 
  • Medical devices
  • Lost income and out-of-pocket expenses

General damages. These damages are also referred to as “non-economic damages,” and they revolve around more immeasurable expenses that a product liability victim is likely to incur. These are immeasurable because they revolve around losses that are not as usually calculable with bills and receipts. General damages after a defective product incident include a victim’s:

  • Emotional and psychological trauma
  • Physical pain and suffering
  • Loss of quality of life
  • Loss of consortium for family members and spouses

Steps to Take After a Product Causes an Injury or Illness

Individuals who sustain an injury or illness caused by a defective product need to act quickly in order to ensure their well-being. This includes not only ensuring their medical well-being but also their financial well-being.

  1. Medical care. The number one priority after an injury caused by a defective product is seeking medical treatment immediately. It is critical for product liability victims to allow a doctor to conduct a complete evaluation to treat any seen or possibly unseen injuries. Seeking medical care right after a product liability incident not only ensures a person’s physical well-being but it also establishes a direct link between the incident and the injuries that occur. Delaying medical care could jeopardize the overall viability of a claim.
  2. Gathering evidence. It is important to gather as much evidence as possible in the hours and days following a product liability incident. This could include using a cell phone to take photographs at the scene of the incident (the defective product, injuries, scene around the incident, and more). Additionally, if there were any eyewitnesses to the defective product incident, their names and contact information should be written down before they leave the scene. These individuals can provide valuable testimony to the insurance carriers or to a personal injury jury. We strongly encourage individuals not to discard any defective product that causes an injury, as this could be used as evidence.
  3. Calling an attorney. A skilled product liability lawyer in Orange County will be a crucial piece of the puzzle for securing compensation after an incident occurs. A lawyer will have the resources necessary to stand up to the company, their insurance carrier, and their legal team. Additionally, a lawyer will get involved quickly and conduct their own investigation into the incident. They may be able to gather additional evidence that the injury victim is unable to find on their own. This could include stories and evidence that the same product has caused injuries elsewhere in the state or across the country.
  4. Continuing medical care. Individuals must continue receiving medical treatment until after they have reached what their doctor considers maximum medical improvement. Discontinuing care before a doctor advises could seriously jeopardize the overall viability of the claim.

Orange County Product Liability Lawyers Can Help Your Case

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.