The companies that design, make, and sell products have a responsibility to keep you safe. Specifically, these companies:
- Must design a reasonably safe product. A design flaw can result in a dangerous product. If the product is not designed safely, every item produced with that design would have the same flaw, and every user of the product would potentially be at risk.
- Must manufacture the product according to the approved design. A manufacturing error occurs when the product is not made according to an approved, safe design. It may impact one lot or many lots of a product and result in a dangerous risk for those who use the improperly made product.
- Must warn you of any risks that are known or that should be known to them. Some products are inherently dangerous and have known risks. The products should be marketed with appropriate warnings so that users know of these risks and can decide for themselves whether the benefits of using the product outweigh the risks.
Unfortunately, when product manufacturers are negligent in the design, manufacturing, or warning phases of their products, serious injuries can result. You may be left suffering a serious injury or mourning a loved one’s death due to a defective product, but you have legal rights and you should not bear the cost of someone else’s mistake.
What Products Can Cause Injury?
Any product can cause an injury if there is a problem with its design, manufacturing, or warnings. As long as you were using the product as intended or in a reasonably foreseeable manner, the product was defective, and you were hurt then you should be able to recover damages pursuant to California law.
Some examples of products that can result in injury include:
- ATVs. All-terrain vehicles (ATVs) can be a lot of fun. However, they can also be deadly. According to the U.S. Consumer Product Safety Commission, California has more ATV deaths than any other state. Defective ATVs are one reason for these catastrophic accidents that result in death and serious injury. For example, a design flaw can cause ATVs to roll over too easily and allow riders to be thrown from their vehicles. Warnings about the risks of riding ATVs may also be deficient and put in places that are easy to miss and, thus, do not provide adequate warning for ATV users.
- Talcum powder. Talc-based baby powder has been around for more than a century and is advertised as a product that can keep skin safe and dry. Studies that date back at least as far as the early 1970s have indicated a potential link between talcum powder and ovarian cancer. Since 1999, the American Cancer Society has recommended that women use cornstarch-based powders on their genitals rather than talcum-based powders. However, Johnson & Johnson and other manufacturers of talc-based baby powder have not warned women of the potential risk of ovarian cancer. Many women continued to use talcum powder without knowing the risks until they developed this dangerous form of cancer. As of July 2017, there were at least 4,800 legal claims pending against Johnson & Johnson by women who claimed they developed ovarian cancer because of talc-based powder and that Johnson & Johnson failed to warn them about the risk.
Other potentially defective products that could result in a products liability claim include motor vehicles, baby gear, sports equipment, medical devices, medications, and electronics. If you have been hurt by talcum powder, by a defective ATV, or by any other product, then a full investigation needs to be done to determine the exact cause of your injury.
How Serious Are Product Liability Injuries?
The extent of the injury depends on the product and the unique circumstances of the accident. Such injuries may include:
- Other illnesses.
- Broken bones.
- Traumatic brain injuries.
- Spinal cord injuries.
- Internal injuries.
If you have suffered an injury or if your loved one has died because of a defective product, then it is important to take action quickly to protect your rights and potential recovery.
What Can I Recover If I’m Hurt by a Defective Product?
The damages that you can recover will depend on the unique injuries that you have suffered. A fair settlement or court verdict will include compensation for the specific past, current, and future damages that you have suffered due to your injury. This could include:
- Medical expenses, including (but not limited to) hospital stays, surgeries, medications, doctors’ appointments, and rehabilitation therapies.
- Out-of-pocket costs for any expenses you incurred because of your injuries.
- Lost income for any wages, benefits, or income from self-employment that you have been or will be unable to earn.
- Compensation for your physical pain and emotional suffering.
A full investigation will need to be done to determine which company is liable for your injuries. Multiple companies may be responsible for designing, manufacturing, and advertising products, and it is important to know which company was negligent so that you can pursue a fair recovery. Our attorneys will conduct a thorough investigation to determine if it was the product’s designer, the product’s manufacturer, a distributor, a retailer, or any other party that is legally responsible for your injuries and for paying for your recovery.
How to Get the Recovery That You Deserve
Your recovery will come either through a negotiated settlement or through trial. While many lawyers are afraid to go to trial, the legal team at Case Barnett Law won’t shy away from the courtroom when necessary to get you a fair and full recovery.
We will take the time to get to know the unique facts of your case. We understand how California law applies to your case, and we are able to assess your chances of getting a fair verdict. We will review all of this with you so that you can make informed decisions about pursuing justice after a product leaves you injured.
Your time to file a lawsuit is limited by law. Please contact us today via this website or by phone, and let’s talk about what happened to you and how we can help you during this difficult time.