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California Lawyers for Defective Product Accidents
When products malfunction serious or even life-threatening injuries can be the result. In many cases, these injuries could be avoided if not for the negligence of the manufacturer. If you’d like to speak with an attorney about your case, give Estey & Bomberger a call today: (800) 925-0723
Common Questions Surrounding Product Liability
Attorney Steve Estey Answers Frequently Asked Product Liability Questions
Q. I’ve never heard of product liability. What is it?
Answer: When a consumer’s injury or death results from the use of a poorly designed, manufactured or labeled product, a product liability claim may be filed. Under product liability law, product manufacturers, wholesalers and retailers are held accountable for harm brought to a consumer by the use of a defective or faulty product.
Q. What is the difference between a design defect and a manufacturing defect?
Answer: Design defects occur during the initial planning stages of a product’s inception while a manufacturing defect occurs during the production of a product. Design defects are an inherent characteristic in every product that is manufactured. For example, a chair designed with only three legs could pose a considerable risk for users and would be considered a design defect. A manufacturing defect typically only affects a portion of a product’s inventory. A well-designed product may be produced poorly and therefore, pose a risk to consumers.
Q. What is failure to warn?
Answer: Manufacturing companies are required to warn consumers of the risks associated with the use of a product and what the consequences may be if the warning is not adhered to. Manufacturers are also required to advise a consumer on how the risk may be avoided.
Q. What kinds of products can harm a consumer?
Answer: Any product has the potential to be defective. Some examples of common products that have caused harm to a consumer include prescription drugs, over-the-counter drugs, children’s toys, auto parts, household cleaning items, medical devices, baby products, furniture, apparel, beauty products, household electronics, power tools and food.
Q. What types of damages can be obtained in a California product liability case?
Answer: Injured victims may be entitled to damages for the costs associated with their injuries. In order to receive financial compensation, victims must first file a product liability lawsuit. Once a lawsuit has been filed, the injured victim is burdened with proving that the product’s design, manufacturing or marketing contributed to or was directly responsible for the victim’s injury.
Without the assistance of an experienced product liability lawyer, it can be challenging for victims to recover compensation. At Estey Bomberger, we have obtained more than $100 millions dollars in settlements and verdicts for our clients’ damages. The types of damages we have recovered include medical expenses, lost earnings, lost benefits, disfigurement, diminished quality of life, and pain and suffering.
Q. How much time do I have to file a lawsuit?
Answer: In California, product liability cases are subject to a statute of limitations. The statute of limitations is the time given to victims to file a lawsuit. The actual time allowed by the state varies with each case, however, in most cases the time given is two years from when the injury occurred.
It is crucial that victims contact a California product liability lawyer at Estey & Bomberger to ensure their claim is filed within the time given. If a lawsuit is filed after the statute of limitations has expired, victims will be denied any chance of obtaining monetary compensation.
Q. What does it mean when a lawyer says they work on a contingency fee basis?
Answer: At the law firm of Estey & Bomberger, our legal fees are contingent upon the outcome of your case. We only get paid when you do and there are no out-of-pocket expenses. In the unlikely event we do not win your case, you will owe us nothing. Phone our firm at (800) 890-6722 to begin the claims process. Our California product liability attorneys are here to help you in your quest for justice at any time of the day or night. Consultations are free of charge.