Products liability is a specialized area of personal injury law relating to injuries caused by dangerous and defective consumer products. All manufacturers, distributors, wholesalers and retailers are required to design and manufacture safe and effective products that perform as advertised. Whenever any product entails some inherent risk of injury due to the nature of the product and its intended purpose, the manufacturer must account for this and take appropriate steps to prevent harm to end users.
Experienced legal representation for products liability claims in Orange County
If you or a member of your family recently suffered any kind of injury from a consumer product, you may have grounds to file a product liability claim against the manufacturer. This type of case is usually more complex than a standard personal injury suit against a private individual, and facing a large company in a legal dispute can be daunting for the average person. The Bertch Firm has the professional resources and experience necessary to help our clients navigate a products liability claim with confidence and maximize their total compensation.
Types of products liability claims in Orange County
Products liability pertains to any damages caused by consumer products. Damages can occur in various ways whenever a product is defective by design, faultily manufactured, or if it fails to include appropriate warnings and instructions for use and/or safety indicators. The Bertch Firm has years of experience handling a wide range of products liability claims, including those pertaining to:
- Inherently dangerous consumer products – Some products like cutlery and lawncare equipment are inherently dangerous, and there is an assumption that the consumer who purchases such a product will use it as intended for its intended purpose. However, if such a device fails to perform its intended purpose as advertised or if the manufacturer did not include appropriate instructions for use and/or safety indicators, this can form the basis of a product liability claim.
- Defectively manufactured or designed products – It’s possible for a product to be defective by design if there is an inherent flaw in the conception of the product. It could also be defective by production if some error occurred in the manufacturing process. A manufacturer is fully liable for all damages an end user suffers because of a defective product, and they will typically issue recalls once they become aware of a defect.
- Home appliance injuries – Kitchen appliances like pressure cookers, blenders, and air fryers can cause serious harm if they fail to function as intended or include defects in manufacture or design. Other appliances such as curling irons and beauty products can also case serious and permanent injuries. If you suffer this type of product-related injury, you will need an experienced attorney to help hold the responsible parties accountable.
- Self-assembly products – Some manufacturers, distributors, wholesalers, retailers and designers sell items that an end user must assemble themselves. Often times, these products are purchased online from sellers like Amazon. If these products are not manufactured and designed safely to prevent injury or fail to include appropriate warning instructions, products could appear to be completed but fail in various ways that cause serious injury.
- Helmet injuries – Helmets can be critical safety devices in some situations, but only if they perform as intended. If a helmet fails to perform up to its reported standards, the wearer could potentially suffer extreme harm to the head and brain.
- Space heaters – While space heaters aren’t commonly necessary in Orange County, whenever they are used, they present a risk of fire damage or burn injuries. Manufacturers must ensure these devices perform as advertised and include clear instructions for appropriate use.
- Vape/e-cigarette devices – Many people in Orange County use vaping devices and e-cigarettes as a form of alternative nicotine delivery. While most of these products perform as advertised, some have caused tremendous harm due to catastrophic failures of their internal components, specifically lithium-ion batteries that can explode under certain conditions.
Successfully securing a settlement for any products liability claim in Orange County will require proof of how your damages occurred and that you were injured due to a defective product. You must show that the product directly caused your claimed damages through a fault in the manufacture or design of the product and not as a result of your misuse of the product.
Recovering maximum compensation for a products liability claim in Orange County
Your Orange County products liability attorney can assist you with gathering any evidence you need to prove fault for your damages. You may need proof that the product was defective or unreasonably dangerous in some way, or that the manufacturer failed to include appropriate instructions for use and/or safety indicators with the product.
When you choose The Bertch Firm to represent you, we can carefully examine how your injury occurred and help prove liability. Once fault is established, our team can assist you with gathering proof of your claimable damages. Under the state’s personal injury laws, the plaintiff has the right to claim full compensation for all economic losses they suffered because of a defendant’s actions. These are likely to include property damage, medical expenses, and lost income.
It’s important for a plaintiff to remember that they can not only claim compensation for these economic losses but also for the pain and suffering they experienced from the defendant’s actions. California law does not limit pain and suffering compensation in most personal injury cases, so this could form the majority of your final case award if you suffered severe harm from the product.
The team at The Bertch Firm is ready to provide comprehensive legal representation in your impending products liability case. We operate on a contingency fee basis, so you will only pay our firm a fee if and when we win your case, and your fee is a percentage of the total amount recovered. The sooner you connect with our firm, the sooner we can begin building your case and guiding you toward the recovery you legally deserve. Contact The Bertch Firm today to set up your consultation with our team and learn how we can help you recover.
What damages am I entitled to recover as a result of my product liability accident?
In California, a responsible party is required to provide compensation to an injured person for all harm that was caused by their negligence or wrongdoing. This includes medical bills, loss of earnings and earning capacity, pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, physical impairment, disfigurement, grief, anxiety, and humiliation. It also includes property damage, loss of use (rental car expenses) and diminution in value (loss of value of your vehicle as a result of an accident). Under limited circumstances, it may also include punitive damages to punish the defendant for their negligence or wrongdoing, if the evidence establishes that the defendant acted intentionally, recklessly or with malice, fraud or oppression. See Civil Code §3294. In order to recover damages, you will need to make a claim or file a lawsuit against the responsible party. An experienced attorney at The Bertch Firm possesses the knowledge, training, skill and experience to pursue justice for you and secure maximum compensation for the damages you have suffered.
How much is my product liability case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a product liability accident?
In California, the statute of limitations for all personal injury claims, including product liability accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your product liability accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of accidents, including product liability accidents. An experienced attorney can help you gather and preserve crucial evidence for your product liability accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your product liability accident claim
The Bertch Firm has represented many people who have been injured as a result of product liability accidents. For further information about your potential case as a result of a product liability accident, contact an attorney at The Bertch Firm today for a free consultation.