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Fresno Product Liability Guide

What Is Product Liability?
Who Can You Hold Liable?
Common Types of Product Liability Cases
Why Choose Us
How Much Is My Case Worth?
Steps to Take If Injured by a Defective Product
Statute of Limitations in California
Get Justice, Get Paid

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure their products are safe for consumers. You can hold these parties liable under product liability law if a defective product causes harm.

There are three main types of product defects:

Design Defects: These occur when a product is inherently dangerous due to its design. For example, a power tool designed without a necessary safety guard.
Manufacturing Defects: These defects arise during the manufacturing process, making an otherwise safe design dangerous. An example is a batch of medication contaminated during production.
Labeling Defects: Also known as marketing defects, these involve inadequate instructions or warnings. For instance, a medication without proper dosage instructions.

Who Can You Hold Liable?

Determining liability in product defect cases can be complex. The following parties may be held responsible for injuries caused by defective products:

Manufacturers: If a product’s defect originated during the manufacturing process, you can hold the manufacturer liable. This includes cases where they assembled the product incorrectly, contaminated it, or did not meet safety standards. For example, if a manufacturer taints a batch of pharmaceuticals during production, the manufacturer would be responsible for any resulting harm.
Designers: When the product’s design itself is flawed and dangerous, you can hold the company or individual responsible for the design liable. This occurs when a product, even if manufactured correctly, is inherently unsafe due to its design. An example is a car model designed with a fuel tank positioned in a way that makes it prone to explosions in rear-end collisions.
Distributors and Retailers: You can hold these entities liable if they sold or distributed a product knowing it was defective or failed to provide necessary warnings. Retailers must ensure that the products they sell are safe for consumers. For instance, if a retailer continues to sell a toy after receiving reports of it causing injuries due to small detachable parts, they can be held accountable.
Component Suppliers: If a specific part of a product is defective, you can hold the supplier of that component liable. This often applies in cases involving complex products like vehicles or electronics, where multiple suppliers provide different parts. For example, if a defective airbag inflator supplied by a third party causes injuries, that supplier could be held responsible.
Quality Control and Testing Agencies: You can hold entities responsible for quality control and testing liable if they fail to identify or report defects during the testing process. If a product passes safety tests despite flaws they should have detected, the testing agency may share liability.
Marketers: If a company markets a product in a misleading way that omits necessary safety information or promotes dangerous uses, you can hold it liable. This includes cases where products lack proper warning labels or instructions for safe use.

Common Types of Product Liability Cases

Product liability cases can involve many products, each presenting unique challenges and considerations. Here are detailed examples of common types:

Defective Vehicles and Vehicle Parts: These cases often involve faults in design or manufacturing that make vehicles unsafe. Examples include defective tires prone to blowouts, faulty airbags that fail to deploy, malfunctioning steering systems, and engine defects causing sudden stalls or fires. Defective vehicle parts can lead to severe accidents and injuries, and liability can extend to manufacturers, parts suppliers, and even car dealerships.
Defective Medical Devices and Medications: Defective medical devices, such as hip replacements, hernia meshes, and pacemakers, can cause significant harm if they malfunction. Medications can also be defective due to contamination, incorrect labeling, or dangerous side effects that the manufacturer did not disclose. These cases often require expert testimony to demonstrate how the defect caused harm and to establish liability among manufacturers and healthcare providers.
Defective Household Items: Everyday household items can pose significant risks if they are defectively designed or manufactured. Examples include gas-powered water heaters that leak carbon monoxide, stoves with faulty temperature controls causing fires, and washing machines with electrical faults leading to shocks or fires. These defects can result in property damage, serious injuries, or even fatalities, necessitating legal action against manufacturers and retailers.
Defective Children’s Products: Products intended for children must meet strict safety standards due to the vulnerability of the users. Defective children’s products can include car seats with faulty harnesses, cribs with unsafe design features leading to entrapment or strangulation, toys with small parts that present choking hazards, and strollers with defective brakes. When these products fail to meet safety standards, you can hold manufacturers and retailers liable for injuries or fatalities.
Defective Electronics: Electronics, such as smartphones, laptops, and household appliances, can be dangerous if they contain defects. Issues like overheating batteries, malfunctioning circuits, and faulty chargers can lead to burns, fires, and electrical injuries. Cases involving defective electronics often focus on manufacturing errors or design flaws and may require technical experts to establish the defect’s role in causing harm.
Defective Chemicals and Substances: Defectively formulated or labeled products such as cleaning agents, pesticides, and industrial chemicals can cause burns, respiratory issues, poisoning, and long-term health problems. Liability in these cases often involves proving that the manufacturer failed to provide adequate warnings or instructions for safe use.

Why Choose Us

Wilshire Law Firm has a proven track record in handling product liability cases. Our experienced attorneys have secured millions of dollars in compensation for clients injured by defective products.

We handle a variety of product liability cases, including those involving defective vehicles, medical devices, household items, and children’s products. Our team is dedicated to ensuring you receive the maximum compensation for your injuries.

Conveniently located in Fresno, our office is right across from the Fresno County Superior Court. Our attorneys understand the complexities of product liability law and are well-versed in the specific regulations and statutes of California.

By choosing Wilshire Law Firm, you select a team that will fight tirelessly for your rights and recovery.

How Much Is My Case Worth?

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Determining the value of a product liability case involves several factors.

While each case is unique, the following components are important in calculating compensation:

Medical Expenses: This includes the cost of current and future medical treatment, surgeries, hospital stays, medication, and rehabilitation.
Lost Wages: If your injury has caused you to miss work, you can claim compensation for lost income. This also includes any future earnings you may lose if the injury affects your ability to work.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
Property Damage: If the defective product caused damage to your property, you could claim repair or replacement costs.
Loss of Consortium: In some cases, you may receive compensation for the injury’s negative impact on your relationship with your spouse or family.

The exact amount of compensation you may receive will depend on the specifics of your case, the severity of your injuries, and the skill of your attorney in negotiating or litigating your claim.

Steps to Take If Injured by a Defective Product

If a defective product has injured you, taking the right steps can significantly impact the outcome of your case. Here are the critical steps to follow:

Seek Medical Attention: Your health is the priority. Get immediate medical treatment for your injuries. Keep detailed records of all medical visits, treatments, and expenses. This documentation will serve as evidence for your case.
Preserve the Evidence: Keep the defective product and any related documentation, such as receipts, packaging, and user manuals. If possible, take photographs of the product, the scene of the injury, and your injuries. This evidence will establish the defect and link it to your injuries.
Document Your Injuries: Take photographs of your injuries and keep a journal detailing your physical and emotional condition, pain levels, and how the injuries have affected your daily life. This information can support your claim for pain and suffering.
Report the Incident: Notify the retailer or manufacturer about the defect and your injuries. This can help establish a record of your complaint and may prompt an internal investigation.
Consult a Product Liability Lawyer: A lawyer specializing in product liability can guide you through the legal process, help you gather additional evidence, and build a strong case. They can also handle communications with insurance companies and other parties, protecting your rights.
Avoid Communicating with Insurance Adjusters: Insurance adjusters may try to contact you to settle the claim quickly and for less than you deserve. Direct any communication with insurance companies to your attorney to avoid inadvertently harming your case.
Keep Records of Financial Losses: Document all financial losses related to the injury, including medical bills, lost wages, and any other expenses incurred due to the defective product. This will help calculate the compensation you are entitled to.
Avoid Posting on Social Media: Insurance adjusters and opposing parties monitor the plaintiff’s social media accounts to find reasons to undermine your claim. They can even use seemingly innocent posts against you, so we recommend not posting anything until you resolve the case.

Statute of Limitations in California

In California, the statute of limitations for filing a product liability lawsuit is generally two years from the date of the injury. This means you have two years from the time of the incident to initiate legal action. Missing this deadline can result in losing your right to seek compensation for your injuries and related losses.

There are a few exceptions and nuances to this rule:

Discovery Rule: In some cases, the injury or defect may not be immediately apparent. The discovery rule allows the statute of limitations to begin when you discover the injury or defect, or reasonably should have discovered it. For example, if a medical device implanted in your body fails years after surgery, the statute of limitations will start from the date you discovered the failure.
Minors: In California, minors have two years from their 18th birthday to file a lawsuit, regardless of when the injury occurred.
Government Entities: If your claim involves a government entity, such as a defective product provided by a government agency, you must file a special claim within six months of the injury. This is a much shorter period than the general two-year limit, so it is essential to act quickly.

Navigating the statute of limitations can be complex, especially when exceptions apply. Consulting with a knowledgeable Fresno personal injury lawyer as soon as possible after your injury will help ensure you meet all legal deadlines and preserve your right to compensation.

Get Justice, Get Paid

If you’ve suffered injuries from a defective product, don’t hesitate to seek legal help. The experienced product liability lawyers at Wilshire Law Firm can guide you through the legal process and fight for the compensation you deserve. Contact us today at (559) 396-3826 for a free consultation and let us help you hold the responsible parties accountable.

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