Each year recalls are issued for hundreds of unreasonably dangerous or defective products and unfortunately, only a little more than half of the recalled products are returned or repaired. This leaves a large number of people at risk of being injured by these dangerous products. Additionally, many product recalls do not happen until after it is reported that a number of people have been injured by a product. Our Santa Barbara product liability attorneys regularly handle dangerous product cases and know that injuries can be significant and sometimes deadly.
Consumers often fail to make defective product claims, which means that not only do they not recover for their injuries, but also that liable parties are not held accountable for their dangerous products. Liable parties may include manufacturers, distributors, and sellers of dangerous and defective products. California’s product liability laws are intended to protect consumers from dangerous products and they allow product liability claims to be made under several theories of recovery.
Strict liability –Under California’s strict liability law, if plaintiffs can prove that they were injured by a product because it had a manufacturing defect, design defect, or did not contain adequate warnings, they may recover for their injuries and damages without having to prove that the defendant was negligent. Not having to prove negligence makes it easier for plaintiffs to recover.
Negligence – Plaintiffs also may bring a product liability claim under a theory of negligence showing that the defendant’s negligent conduct resulting in an unreasonably dangerous product directly caused the plaintiff’s injuries.
Breach of warranty – Plaintiffs also may claim that the defendant breached an express or implied warranty that the plaintiff relied on when using the product and was injured as a result.
Dangerous products may get into the hands of unsuspecting consumers in several different ways. See below for some common scenarios.
Regardless of how a dangerous or defective product got into your hands, if you or a loved one sustained injuries due to an unreasonably dangerous product, contact a Santa Barbara product liability attorney at The Compass Law Group, PC to discuss your claim. Manufacturers, distributors, and retailers need to be held accountable for dangerous consumer products that they put on the market and you deserve to be compensated for your resulting injuries and damages. Depending on the circumstances of your injury, you may be entitled to recover for property damage, medical bills, future medical bills, pain and suffering, and lost wages.
Hiring the right personal injury attorney can often make the difference between getting the maximum settlement to account for your medical care, damages and lost wages or getting short changed or even having your case dismissed completely.
Have you been injured an accident due to the negligence of others? Contact the Los Angeles personal injury attorneys at the Compass Law Group, PC because finding direction after an accident means having a great Compass on hand.