Santa Rosa Product Liability Lawyer
We all use a variety of products every day, from the moment we turn off the alarm clock to the time we tuck into bed and turn off the light. Under normal circumstances, using most products should not be dangerous, but some can pose a significant threat if they are defective. If you or someone you know has been injured by a defective product, you may be entitled to compensation for your injuries.
Santa Rosa product liability attorney Michael Henderson has represented personal injury victims for over 20 years. The legal system in California is inherently complicated, and product liability cases present their own challenges on top of that. You need an experienced advocate to help you receive the compensation you deserve.
What Is Product Liability?
Product liability is a legal doctrine that provides a cause of action for victims injured by defective products. There are multiple ways to find a product defective. The type of defect will help determine who is liable for the injury. An experienced Santa Rosa product liability lawyer will walk through the detailed facts of your case and help you decide the best path forward for your product liability lawsuit.
Types of Product Defects
There are three main types of product defects that can occur before the product reaches the consumer. It is important for your defective product lawyer to determine where the issue originated to ensure that you bring your product liability lawsuit against the correct party. There may be—and usually are—multiple parties responsible for your injuries.
A design defect relates to the specifications regarding how the product is supposed to be built and function. These problems can impact the structural integrity of the product, its functionality, or its overall safety. Children’s toys that have choking hazards or toxic components fall under design defects, as do products without proper safeguards. A design defect impacts the entire line of products designed to those specifications.
A manufacturing defect occurs when a mistake is made during the actual process of making or assembling the product. Something was done incorrectly in the manufacturing process—outside of design specifications—that caused the product to be defective. Some examples include products missing parts or being incorrectly assembled. These irregularities are responsible for the product being defective. This could impact a single product or a whole line of products.
Manufacturers have a duty to warn customers about potential, foreseeable risks associated with the product. Instructions and warning statements exist to alert consumers on how to properly use a product. Medication that does not list significant side effects could cause a big problem for consumers. The same is true for products that heat up and do not have a warning stating not to touch until cool. It is necessary for manufacturers to clearly provide safe handling and operation instructions to avoid misuse of the product.
Filing a Product Liability Lawsuit
Prior to filing a formal legal complaint, your Santa Rosa product liability attorney will likely try to negotiate with the product manufacturer or their insurance company. A product liability settlement would allow both parties to avoid trial, which is generally desirable.
If the parties cannot come to an agreement on a fair settlement, you will need to file your product liability lawsuit. It is important that you understand the value of your case and not take the first offer you are given.
The California statute of limitations allows you to file up to two years after the injury occurred, but the sooner the better. Businesses and product manufacturers change over time. Gathering evidence and identifying the responsible party will be easier if done soon after the damage is realized.
California follows the doctrine of comparative fault, meaning that you can still file a lawsuit even if you were partially liable. It is likely that the defendant will try and emphasize your degree of responsibility to reduce the amount they have to pay. Your product liability attorney will build your case in a way that allows you to receive the compensation you deserve.
Contact our Santa Rosa Product Liability Attorney
The Santa Rosa product liability lawyer you choose can make a big difference in the outcome of your case. There are a lot of things to consider when filing your product liability lawsuit and experience matters. We will listen to you and help you clarify your legal options. We are not afraid to go up against big companies that are responsible for putting out defective consumer products.
Our firm also handles other types of injury cases, including:
- Dog and Animal Attacks
- Insurance Claim Denial
- Auto Vehicle Accidents
- Pedestrian Crosswalk Injuries
- Trip and Fall Injuries
- Wrongful Death Claim
- Motor Vehicle Accident
- Trucking Accident
- Bike Accident
Contact Henderson Law to schedule a case consultation.