We fight for those injured or loved ones killed by defective consumer products.
We all buy products trusting they are safe when used as intended. But when companies manufacture, distribute, and sell defective products, they expose us to the risk of serious injury and sometimes even death. Defective products injure hundreds of thousands and kill thousands of Americans each year.
If a defective product has seriously harmed you or a loved one, you need an Oakland product liability lawyer with a proven record of holding companies accountable for harming people with unsafe products.
Wilshire Law Firm is committed to challenging big manufacturers and helping our clients obtain maximum compensation for their injuries.
Oakland Product Liability
- We fight for those injured or loved ones killed by defective consumer products.
- Can I Sue for Injuries Caused by a Defective Product?
- Types of Product Liability Cases
- Types of Injuries and Illnesses Caused by Defective Products
- How Much Is My Oakland Product Liability Claim Worth?
- What Is the Deadline For Personal Injury Claims in California?
- Win With Wilshire Law Firm’s Oakland Product Liability Lawyers
- Contact Our Oakland Product Liability Law Firm Today
Can I Sue for Injuries Caused by a Defective Product?
Every state has different product liability laws, and California has some of the strictest pro-consumer laws in the U.S.
California’s product liability laws fall into three main categories: Strict liability, negligence, and breach of warranty:
Strict liability
Strict liability means you don’t have to prove the manufacturer, distributor, retailer, or other potentially liable party was negligent or knew about the defect. You only need to prove that the product had a defect that caused your injuries when you used it properly.
Strict liability covers three main product defects:
- Manufacturing defects: Even when a product’s design is sound, mistakes or flaws in production can create hazardous defects. Some examples of manufacturing defects are a tainted batch of medication, a swing set with a cracked chain, or a phone battery that overheats or combusts. The defect may not affect every item in a product line.
- Design defects: Design defects make a product inherently unsafe and unreasonably dangerous. The product is flawed before it enters production and dangerous even when used properly. Poorly designed vehicles that tend to roll over, electronic devices that easily overheat and catch fire, or top-heavy furniture that topples onto children constitute some design defects.
- Failure to warn: A lack of clear warnings about potential dangers can make a product “defective” even when designed or produced properly. Manufacturers must provide instructions for safe use and conspicuous warnings about the product’s potential dangers.
If the manufacturer fails to adequately warn you of hidden hazards and you get hurt as a result, you may hold the company strictly liable for failure to warn. Some examples are drugs that don’t warn about known side effects on the label, corrosive cleaners that don’t explain safe handling, and toys with small parts that don’t warn of a choking hazard for young children.
Negligence
You can sue for negligence if your lawyer can prove the manufacturer or other parties failed to take reasonable care in making, designing, or selling the product that injured you. A skilled product liability lawyer in Oakland must show the defendant had a duty to make a safe product, that it failed in that duty, and that the failure caused your injuries.
Breach of Warranty
You can hold a manufacturer liable for injuries you’ve suffered from a product that failed to meet the manufacturer’s promise of quality, safety, or performance. Product warranties don’t always have to be stated. If they are, they are called express warranties. Implied warranties apply even when manufacturers do not write or explicitly state them but the public reasonably understands they should apply.
A valid personal injury claim under California product liability law must follow the instructions for safe use and heed the manufacturer’s warnings.
If you or a family member suffered injuries because a product malfunctioned or didn’t perform as expected, you may have a product liability claim.
Contact Wilshire Law Firm today for your free consultation with an experienced Oakland Product liability lawyer.
Types of Product Liability Cases
In a society full of countless consumer products, we must trust that the products we use are safe.
But when a manufacturer, distributor, vendor, or other party puts a defective product on the market, people can suffer catastrophic injuries or even death. Everyday products, from the cars we drive to the medications we rely on, are dangers in disguise when they’re defective.
Dangerous defects can affect a wide range of products, including:
Vehicles and Auto Parts
Defective vehicles and auto parts can cause devastating accidents, severe injuries, and even fatalities. Malfunctioning critical components may lead to a driver losing control, colliding with other vehicles, or the inability to stop in time.
Common defective vehicle parts include:
- Brakes
- Tires
- Airbags
- Seatbelts
- Ignition systems
- Steering systems
- Seat backs
- Fuel systems
- Wiring systems
- Accelerator pedals
- Transmissions
Drugs and Medical Devices
Pharmaceutical companies and medical device manufacturers must create and market safe and effective products. However, inadequate or improper testing, manufacturing and design flaws, and lack of proper warnings often result in dangerous drugs and faulty medical devices harming patients.
Some of the dangerous drug and medical device cases we handle include:
- Inadequately or Improperly tested drugs
- Faulty medical equipment
- Contaminated or adulterated medications
- Defective pacemakers
- Faulty insulin pumps
- Dangerous birth control devices
- Defective surgical mesh
- Malfunctioning joint replacements
- Other defective medical implants
Toxic Chemicals and Substances
Many everyday products contain hidden toxins that can lead to severe health problems, including cancer, respiratory issues, and neurological damage.
Companies often fail to warn consumers about the risks associated with exposure to dangerous substances, such as:
- Asbestos
- Roundup (glyphosate)
- Talcum powder
- PFAS, PFOS (per- and poly-fluoroalkyl substances)
- Lead
- Benzene
- Paraquat
Household Products
Defective consumer products can turn everyday activities into life-threatening situations. Poor design, manufacturing defects, or inadequate safety warnings can cause these products to malfunction or break, endangering users.
Some of the most common household items that lead to injuries include:
- Appliances (ovens, refrigerators, washing machines)
- Furniture (dressers, beds, cribs)
- Children’s products (toys, car seats, strollers)
- Home maintenance items (ladders, power tools, lawnmowers)
- Outdoor equipment (grills, fire pits, camping gear)
- Electronics (smartphones, laptops, e-cigarettes)
- Clothing and accessories (defective zippers, flammable fabrics)
- Household products (cleaning supplies, pesticides, detergents)
Industrial Equipment
Heavy machinery and tools used in industrial settings require proper design, maintenance, and safety features to prevent workplace accidents. Defective industrial equipment can cause catastrophic injuries, such as amputations, crush injuries, and death.
People who work in the construction industry or similar fields can be injured by equipment such as:
- Forklifts
- Conveyor belts
- Power presses
- Cranes
- Scaffolding
- Saws (table saws, band saws, circular saws)
- Welding equipment
- Excavators and bulldozers
- Industrial robots
- Mechanical power presses
- Grinding machines
If a dangerous product harms you, don’t hesitate to call the Oakland product liability lawyers at Wilshire Law Firm for a free consultation. We will fight tirelessly to secure the full compensation you need and deserve.
Types of Injuries and Illnesses Caused by Defective Products
Defective products can cause a range of injuries and illnesses, from minor cuts and bruises to life-threatening conditions. The type and severity of the harm suffered often depend on the nature of the product and the defect itself.
Some injuries and illnesses associated with dangerous products include:
- Traumatic injuries: Defective vehicles, industrial equipment, and heavy machinery can cause catastrophic accidents resulting in spinal cord injuries, broken bones, traumatic brain injuries (TBI), crush injuries, internal injuries, and amputations.
- Burns and electrical injuries: Faulty electrical appliances, electronics, and wiring can cause severe burns, electrical shocks, and even electrocution. Defective products such as smartphones, laptops, and e-cigarettes have been known to overheat or explode, causing serious burn injuries to users. Consumer products powered by lithium-ion batteries can cause deadly fires.
- Lacerations and puncture wounds: Sharp edges, loose parts, and inadequate guards on products like toys, tools, and machinery can cause deep cuts, lacerations, and puncture wounds. Defective household items, such as blenders or food processors with faulty blades, may also pose a risk of severe lacerations.
- Choking and suffocation: Children’s products, such as toys with small parts, defective cribs, and faulty car seats, can present choking or suffocation hazards. Inadequate warnings or improper design can lead to tragic accidents involving infants and young children.
- Poisoning and chemical exposure: Toxic substances in everyday products, such as cleaning supplies, pesticides, and personal care items, can cause poisoning, chemical burns, and respiratory issues when ingested or inhaled. Long-term exposure to dangerous toxins like asbestos, lead, and benzene can lead to severe health problems, including cancer, neurological damage, and organ failure.
- Adverse drug reactions and medical complications: Improperly tested or manufactured pharmaceutical drugs can cause severe side effects, allergic reactions, and even death. Defective medical devices, such as faulty implants or malfunctioning pacemakers, may lead to serious complications, infections, and the need for additional surgeries.
- Repetitive stress injuries: Poorly designed tools, equipment, and workstations can cause repetitive stress injuries, such as carpal tunnel syndrome, tendonitis, and back problems. These injuries may develop gradually over time due to repeated use. Often, the consumer is unaware of the dangers these products can cause.
If a dangerous or defective product harms you or a family member, you may recover compensation. Call Wilshire Law Firm today and put our team of top-performing Oakland product liability attorneys to work for you.
How Much Is My Oakland Product Liability Claim Worth?
You should not bear the financial burden of your injuries on top of your physical and emotional pain. We believe the at-fault parties should pay for every hardship you suffer because of their dangerous product. You have the right to demand compensation for the full extent of your losses.
At Wilshire Law Firm, our Oakland product liability team can fight aggressively to get you every dollar you deserve. Each product liability case we handle is different, but here is a look at some of the damages we may pursue, depending on your injuries:
Economic damages
- Past, current and future medical expenses
- Lost wages or income from missed work
- Loss of future earning capacity
- Rehabilitation and therapy costs
- Property damage
- Out-of-pocket expenses
Non-economic damages
- Physical pain and suffering
- Emotional anguish and distress
- Disfigurement and scarring
- Permanent disability or impairment
- Loss of enjoyment of life activities
- Loss of consortium
Punitive damages
Punitive damages punish a company for particularly reprehensible behavior and discourage the company from similar conduct. If the company knew of the defect but failed to warn consumers or concealed its knowledge of the defect, the court may award the plaintiff punitive damages. Your Oakland product liability lawyer will assess your case and decide whether you qualify for punitive damages.
Wrongful death damages
No amount of money can ever replace your loved one or heal your grief, but it can provide a measure of justice and financial security while you struggle with your profound loss. We understand that taking legal action may feel overwhelming right now, but don’t delay seeking help for you and your family.
If you lost a loved one to a defective product, our compassionate wrongful death lawyers may recover payment for:
- Funeral and burial costs
- Medical bills incurred before death
- Your loved one’s pain and suffering before death
- Loss of your loved one’s financial support
- Loss of your loved one’s care, companionship, and guidance
Don’t let irresponsible manufacturers get away with putting your safety at risk. Our tenacious product liability lawyers will stand up for your rights and hold them accountable. Contact us today for a free case review. We’re ready to be your voice for justice.
What Is the Deadline For Personal Injury Claims in California?
California imposes a two-year statute of limitations on personal injury and wrongful death claims, including product liability claims. That means you have just two years from the date of the injury or loss of a loved one to take legal action.
Certain exceptions may affect this timeline, so don’t delay contacting an Oakland product liability attorney. Wilshire Law Firm will make sure your case meets all the required deadlines.
Win With Wilshire Law Firm’s Oakland Product Liability Lawyers
The physical pain and emotional trauma of your injuries and the grief of losing a loved one cannot be understated and should never be undervalued.
Be sure the law firm you choose is committed to fighting for every dollar you deserve. There is too much at stake to risk getting less than you deserve or being bullied into accepting a settlement that doesn’t adequately cover all of your pain and loss.
When you choose Wilshire Law Firm for your Oakland product liability claim, you will get the committed, compassionate, and result-driven care you need, including:
- Top-Tier Legal Representation: Our skilled attorneys have a proven record of success winning complex product liability cases.
- A 4.9 Google rating from 1,800+ reviews
- Relentless Advocacy: We never back down, tirelessly fighting until we secure every dollar you deserve.
- No Upfront Costs: We work on a contingency fee basis. You pay nothing unless we win your case.
- Comprehensive Support: From thorough investigations to securing expert testimonies, we build you a solid case.
- Client-Focused Approach: We provide personalized attention and compassionate guidance throughout your legal journey. You will never feel left in the dark.
- Fierce Negotiators: Our Oakland product liability attorneys excel at securing substantial settlements from insurance companies and corporations.
- Trial-Ready Team: Our courtroom-tested lawyers always prepare to win at trial if settlement talks fail.
- 24/7 Availability: We’re always here when you need us, providing round-the-clock support.
- Proven Results: Our history of multi-million dollar verdicts and settlements speaks for itself.
- Resources to Win: We have the skills and resources to take on even the biggest corporations.
Contact Our Oakland Product Liability Law Firm Today
Don’t let a dangerous product cost you even more time, money, and hardship. Contact us today and see how we can help you get your life back on track with the compensation you deserve.
Call us at (415) 704-9912 or contact us online for a free consultation. Our Oakland personal injury lawyers can answer all your questions with no further obligation.
Wilshire Law Firm – Oakland Office
475 14th St #700
Oakland, CA 94612
Ph: (415) 704-9912