Have you been injured by a defective or dangerous product? A California product liability attorney at Estey and Bomberger may be able to help you. Estey & Bomberger have a combined 40 years of experience successfully representing people who have been injured as a result of dangerous or defective products. Our firm has recovered millions of dollars for our past clients and we will do whatever we can to help you recover the compensation you deserve. We can help you no matter where you are in California . We routinely make home and hospital visits. We truly go the extra mile for our clients and we believe our experience, past results , and personal attention make us different than any other California product liability attorney. Find out how we can help you by calling us today.
Product Liability Information
Product liability refers to a broad area of the law that is designed to allow those who have been injured, or who have suffered from other damages or loss as a result of a product’s malfunction, to seek compensation. A qualified liability attorney such as those at Estey & Bomberger are able to assist you in determining the merits of your case individually and expertly, and then to plan a legal course of action in recovering damages in your product liability suit should it be determined that you have one.
Three types of product defects incur liability in manufacturers and suppliers, including design defects, manufacturing defects, and marketing defects:
Design defects: This is the case where a product imperfection occurs when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product is not reasonably safe. A hidden defect is like it, in that the product imperfection is not obvious by reasonable inspection but where the seller is still generally liable if the flaw causes harm. A manufacturing defect is an imperfection in a product that departs from its intended design even though all possible care was exercised in its assembly and marketing. A marketing defect is a failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.
The manufacturer of the product is responsible for damages for the failure to adequately warn of a potential risk of harm that is known or should have been known about a product. The failure to adequately instruct the user about how to use a product safely is the manufacturer’s responsibility.
The products you purchase from stores are manufactured with an implicit guarantee that the product is in good condition, without defects, and is safe for the consumer to use if done so within its intended guidelines and limits. Any product manufactured in a negligent manner that is then sold, given, or even loaned to an individual without that person’s knowledge makes the manufacturer liable.
Product liability is the legal responsibility of any party along the chain of manufacture of a product for damages caused by that product. Liable parties include a product’s manufacturers, then, as well as its suppliers. Products with defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of product’s liability suits.
Product Liability Statistics
According to the Consumer Product Safety Commission (CPSC), in 2002 there were an estimated 212,000 emergency room visits for dangerous toy use alone.
- About 26 infants die from crib injuries every year in the United States . The most frequent cause of crib injuries and death is asphyxiation. Your child does not have to experience painful injuries as a result of faulty craftsmanship. Crib deaths can also be caused by gaseous poisoning, the gases being phosphine, arsine, and stibine (and/or derivative gases). These extremely toxic gases can be generated from the mattress where a baby sleeps.
- Approximately 11,500 babies require hospitalization from crib-related injuries every year. Due to this astoundingly large number of injuries, the Infant Crib Safety Act was passed. Its purpose is to reduce the numbers of infant injuries and deaths from baby cribs. Older cribs constructed before current standards of safety were issued are an even greater danger than newer cribs.
- On September 27, 2004 , that the Data Safety Monitoring Board for an ongoing long-term study of Vioxx had recommended that the study be stopped early for safety reasons. The study was being conducted in patients at risk for developing recurrent colon polyps. The study showed an increased risk of cardiovascular events (including heart attack and stroke) in patients on Vioxx compared to placebo, particularly those who had been taking the drug for longer than 18 months.
- On December 16 of 2005, the CPSC recalled 22,000 Dell Notebook computer batteries. These batteries can overheat, posing a fire risk.
If you or someone you love has been injured by the type of negligence discussed above, the product liability lawyers at Estey and Bomberger can help. We can review your case and advise you accordingly. We offer a free consultation and there is no up front fee if we take your case. You pay only if we win your case. Call us today to find out how we can help you.