Defective Product Injuries
cartwrightlaw - January 31, 2023 -
When a person suffers an injury because a certain product they were using does not do what it was supposed to do, that person could have grounds for a possible product liability claim. Product liability is the area of law concerning defective products, and most cases will involve one of three kinds of defects.
People who believe that they might have product liability claims need to understand that many companies will aggressively fight any allegations that they created defective products, so it can be an uphill fight for a person who is seeking to recover financial compensation for their losses. Always speak with a skilled product liability attorney in the Bay Area.
Common Kinds of Defective Products
There is no federal product liability law, so each state is left to govern these claims, and California Civil Code § 1714.45 is the state product liability law. Product liability in California places strict liability on a defendant for three types of product defects:
- Manufacturing defects involving errors committed during the creation of a product that can be more unique and individualized
- Design defects involving errors committed during the design of a product that may lead to all products being unsafe and possible class action lawsuits
- Failure to warn consumers about possible dangers of product use relating to instructions about proper use
A company becomes liable for a defective product when it designs, manufactures, distributes, or sells a defective product, the product was defective when it left a company’s possession, a person used the product in a reasonably foreseeable manner, and the person was harmed by using the product. Strict liability means that a defendant can be liable even when they did nothing else wrong.
There is no limit on which products could end up being defective, but some of the most common kinds of defective product claims often involve:
- Consumer products
- Motor vehicles
- Boats
- Cosmetics
- Environmental products
- Pesticides
- Medical devices
- Pharmaceutical drugs
- Children’s toys
- Household appliances
- Cleaning products
- Industrial equipment
- Machinery
- Contaminated food
- Swing sets
- Sports equipment
- Defective building design
Defective Product Injuries
People could suffer various kinds of injuries depending on the particular product they were using when an injury occurred. While some cases may result in relatively minor injuries, there will be several others in which people will be dealing with injuries that may have lifelong complications.
Examples of possible injuries people could suffer because of defective products could include:
- Neck injuries
- Leg injuries
- Back injuries
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBIs)
- Skull fractures
- Closed head injuries
- Fractures or broken bones
- Internal organ injuries
- Permanent nerve injuries
- Amputations
- Severe burn injuries
Class Actions vs. Individual Lawsuits
Certain types of product liability claims can lend themselves very well to class action lawsuits because defectively designed products, for example, will be dangerous for all users. When multiple people have similar injury claims against the same company for the same product, then a class action lawsuit can consolidate all of their actions into a single case.
A class action lawsuit can offer a much bigger settlement than an individual lawsuit because multiple people will need to be compensated. A person needs to evaluate whether they are willing to serve as the lead plaintiff in such a case, as some people may still prefer to focus only on their own individual cases.
No specific number of people is required for a class action lawsuit to be filed, but the size of the class must be “so numerous that joinder of all members is impracticable.” The Cartwright Law Firm played a role in the biggest settlement in the history of drug litigation for up to 20,000 plaintiffs nationwide who were injured or killed after ingesting Vioxx.
Possible Defective Product Damages
When a product liability case is filed, an insurance company will usually try to settle the case to avoid the high costs of a trial. A settlement should be enough to cover all costs a victim is facing because of their accident.
When an insurer is unwilling to extend a respectable settlement offer, then a lawsuit becomes necessary. If a person can prove by a preponderance of the evidence that a defendant designed, manufactured, distributed, or sold a defective product, they could be awarded multiple kinds of compensatory damages.
Compensatory damages are customarily divided into economic damages and noneconomic damages. Economic damages are tangible costs that people can actually prove while noneconomic damages will be much more subjective.
Economic damages often include:
- Medical expenses
- Lost wages
- Property damage
Noneconomic damages could include:
- Pain and suffering
- Emotional distress
- Loss of consortium
A third and much less rare form of damages in certain cases is known as punitive damages, and these awards are reserved only for cases of oppression, fraud, or malice. The point of punitive damages is not enriching a victim so much as it is punishing a wrongdoer and also encouraging the public not to behave similarly.
Punitive damages must be proven by clear and convincing evidence, which is a higher standard than the preponderance of the evidence that typically applies in civil cases. Unlike several other states in the nation, California does not place any kind of limit (known as a “cap”) on punitive damages, so there is no limit to what the size of a punitive damages award may be.
Call Us Today to Schedule a Free Consultation with a Santa Rosa Defective Product Attorney
Did you recently suffer injuries or was your loved one killed because of some kind of defective product in California? You will want to be quick to seek the help of The Cartwright Law Firm, Inc. because you will get the expertise and compassion of an experienced and hard-working law firm that knows how to help people get justice in these kinds of cases.
Our firm will relentlessly investigate the details of your case and make sure to compile all of the evidence we will need to prove your case, and you can know that we will keep you fully informed of all the progress we make in our handling of your case. Call (415) 851-6486 or contact us online for a free consultation with our Bay Area defective product attorney.
When a person suffers an injury because a certain product they were using does not do what it was supposed to do, that person could have grounds for a possible product liability claim. Product liability is the area of law concerning defective products, and most cases will involve one of three kinds of defects.
People who believe that they might have product liability claims need to understand that many companies will aggressively fight any allegations that they created defective products, so it can be an uphill fight for a person who is seeking to recover financial compensation for their losses. Always speak with a skilled product liability attorney in the Bay Area.
Common Kinds of Defective Products
There is no federal product liability law, so each state is left to govern these claims, and California Civil Code § 1714.45 is the state product liability law. Product liability in California places strict liability on a defendant for three types of product defects:
- Manufacturing defects involving errors committed during the creation of a product that can be more unique and individualized
- Design defects involving errors committed during the design of a product that may lead to all products being unsafe and possible class action lawsuits
- Failure to warn consumers about possible dangers of product use relating to instructions about proper use
A company becomes liable for a defective product when it designs, manufactures, distributes, or sells a defective product, the product was defective when it left a company’s possession, a person used the product in a reasonably foreseeable manner, and the person was harmed by using the product. Strict liability means that a defendant can be liable even when they did nothing else wrong.
There is no limit on which products could end up being defective, but some of the most common kinds of defective product claims often involve:
- Consumer products
- Motor vehicles
- Boats
- Cosmetics
- Environmental products
- Pesticides
- Medical devices
- Pharmaceutical drugs
- Children’s toys
- Household appliances
- Cleaning products
- Industrial equipment
- Machinery
- Contaminated food
- Swing sets
- Sports equipment
- Defective building design
Defective Product Injuries
People could suffer various kinds of injuries depending on the particular product they were using when an injury occurred. While some cases may result in relatively minor injuries, there will be several others in which people will be dealing with injuries that may have lifelong complications.
Examples of possible injuries people could suffer because of defective products could include:
- Neck injuries
- Leg injuries
- Back injuries
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBIs)
- Skull fractures
- Closed head injuries
- Fractures or broken bones
- Internal organ injuries
- Permanent nerve injuries
- Amputations
- Severe burn injuries
Class Actions vs. Individual Lawsuits
Certain types of product liability claims can lend themselves very well to class action lawsuits because defectively designed products, for example, will be dangerous for all users. When multiple people have similar injury claims against the same company for the same product, then a class action lawsuit can consolidate all of their actions into a single case.
A class action lawsuit can offer a much bigger settlement than an individual lawsuit because multiple people will need to be compensated. A person needs to evaluate whether they are willing to serve as the lead plaintiff in such a case, as some people may still prefer to focus only on their own individual cases.
No specific number of people is required for a class action lawsuit to be filed, but the size of the class must be “so numerous that joinder of all members is impracticable.” The Cartwright Law Firm played a role in the biggest settlement in the history of drug litigation for up to 20,000 plaintiffs nationwide who were injured or killed after ingesting Vioxx.
Possible Defective Product Damages
When a product liability case is filed, an insurance company will usually try to settle the case to avoid the high costs of a trial. A settlement should be enough to cover all costs a victim is facing because of their accident.
When an insurer is unwilling to extend a respectable settlement offer, then a lawsuit becomes necessary. If a person can prove by a preponderance of the evidence that a defendant designed, manufactured, distributed, or sold a defective product, they could be awarded multiple kinds of compensatory damages.
Compensatory damages are customarily divided into economic damages and noneconomic damages. Economic damages are tangible costs that people can actually prove while noneconomic damages will be much more subjective.
Economic damages often include:
- Medical expenses
- Lost wages
- Property damage
Noneconomic damages could include:
- Pain and suffering
- Emotional distress
- Loss of consortium
A third and much less rare form of damages in certain cases is known as punitive damages, and these awards are reserved only for cases of oppression, fraud, or malice. The point of punitive damages is not enriching a victim so much as it is punishing a wrongdoer and also encouraging the public not to behave similarly.
Punitive damages must be proven by clear and convincing evidence, which is a higher standard than the preponderance of the evidence that typically applies in civil cases. Unlike several other states in the nation, California does not place any kind of limit (known as a “cap”) on punitive damages, so there is no limit to what the size of a punitive damages award may be.
Call Us Today to Schedule a Free Consultation with a Santa Rosa Defective Product Attorney
Did you recently suffer injuries or was your loved one killed because of some kind of defective product in California? You will want to be quick to seek the help of The Cartwright Law Firm, Inc. because you will get the expertise and compassion of an experienced and hard-working law firm that knows how to help people get justice in these kinds of cases.
Our firm will relentlessly investigate the details of your case and make sure to compile all of the evidence we will need to prove your case, and you can know that we will keep you fully informed of all the progress we make in our handling of your case. Call (415) 851-6486 or contact us online for a free consultation with our Bay Area defective product attorney.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner