English
SpanishA young family buys a brand-new stroller, excited to take their infant on sunny walks through San Diego’s beautiful parks. Little did they know, the stroller had a hidden design flaw. On its third use, the locking mechanism failed, causing it to collapse unexpectedly.
The baby sustained serious injury, leaving the family shaken and overwhelmed, unsure of what steps to take next.
Fortunately, this is a hypothetical scenario. The not-so-good news is that stories like this are not isolated events.
In 2022 alone, over 5,800 product liability cases were filed across the U.S., many involving defective products that caused harm to unsuspecting consumers.
California’s product liability laws are designed to protect victims and hold manufacturers, designers, and retailers who are negligent accountable. At Frantz Law Group, our qualified personal injury attorneys specialize in navigating these complex claims for the residents of San Diego.
This guide will walk you through everything you need to know about product liability, providing actionable steps to take after a defective product injury and outlining how skilled legal support can help you pursue full and fair compensation.
Understanding Product Liability in California
Product liability arises when a defective product causes injury or harm to someone. Unlike other personal injury cases, proving gross negligence isn’t always necessary. California follows a strict liability approach, meaning victims only need to show that a defect existed and caused their injury.
The Three Types of Product Defects
Dangerous or defective products usually fall into one of these categories:
- Manufacturing defects: Mistakes made during the production or manufacturing process, such as a medication containing the wrong dosage or a car seat built with faulty materials.
- Design defects: A product with an inherently flawed design, like a poorly balanced kitchen appliance prone to tipping over during everyday use.
- Marketing defects: Lacking proper instructions or warnings for a product’s potential risks, such as a medication missing proper side-effect disclosures.
Several parties across the supply chain can be held responsible, including manufacturers, distributors, wholesalers, and retailers. California law ensures that anyone involved in bringing the defective product to market is held to account.
Common Product Liability Cases in San Diego
Here’s a look at the types of defective products often involved in claims across San Diego:
- Dangerous children’s toys: Lead paint hazards, choking hazards, and malfunctioning toys.
- Faulty household appliances: Items like heaters and blenders can cause fires or injuries.
- Defective medical devices: From hip implants to pacemakers, these cases often result in life-altering harm.
- Defective vehicles or auto parts: Issues like faulty brakes or airbags failing to deploy correctly.
- Harmful medications: Incorrect prescriptions, inadequate warnings, or contaminated drugs.
Local agencies, such as the California Department of Public Health, frequently identify and address product issues, but product liability litigation is often necessary to secure proper compensation for victims.
Steps to Take After a Product Injury
Hurt by a defective product? Here’s what to do next to protect your rights and strengthen your case:
- Seek immediate medical attention: Always prioritize your health and keep detailed records of your medical bills.
- Preserve the defective product: Store it in a safe spot as potential evidence. Avoid making further alterations to it.
- Document everything: Take photos of your injuries and the product. Save purchase receipts or proof of ownership. Collect witness statements if others were present.
- Avoid signing any releases: Don’t agree to reimbursements or settlements from the retailer or manufacturer without legal counsel.
- Contact a San Diego product liability attorney: Experienced product liability attorneys can guide you through the process and protect your best interests.
Building Your Product Liability Case in San Diego
A strong case depends on compelling evidence and skilled legal advocacy. Here’s what typically goes into building your claim:
Gathering Evidence
Attorneys use various methods to substantiate claims, including expert testimony, product testing, and reviewing company records. For instance, forensic engineers may assess the product’s design, while medical professionals can attest to your injuries.
Establishing Liability
Your lawyer will identify the responsible party along the supply chain to pursue damages such as:
- Medical expense
- Lost wages
- Pain and suffering
- Wrongful death
- Punitive damages are awarded when a company knowingly ignores safety standards
Statute of Limitations
California allows two years from the date of the injury to file a lawsuit. Act quickly to ensure your claim is valid.
The Product Liability Lawsuit Process in San Diego
Here’s a breakdown of what you can expect during the legal process:
- Filing the complaint: Officially file your claim against the responsible party.
- Discovery phase: Both sides gather evidence, share information, and prepare arguments.
- Negotiation and settlement: Most cases resolve here without going to trial.
- Mediation or arbitration: Useful alternatives for resolving disputes outside of court.
- Trial (if necessary): If no agreement is reached, the case will be heard before a judge or jury.
An experienced product liability attorney ensures you’re prepared at every step, maximizing your chances of a favorable outcome.
Choosing the Right San Diego Product Liability Lawyer
Not all attorneys are created equal. When vetting your options, consider asking the following questions:
- What experience do you have with similar cases?
- What’s your track record of securing settlements or verdicts?
- What are your legal services?
- Do you work on a contingency fee basis?
Why Choose Frantz Law Group?
With decades of experience handling complex product liability litigation and class action lawsuits, Frantz Law Group has proven success in securing justice for clients. Our defective product lawyers combine legal expertise with a client-focused approach, ensuring your case gets the attention and dedication it deserves.
Take the First Step Towards Justice
Facing a product liability issue? Don’t go it alone. These cases are complex and require the guidance of skilled attorneys to secure fair compensation.
Contact Frantz Law Group for a free case evaluation. Together, we’ll evaluate your claim, explain your options, and help you take the first step toward recovery and maximum compensation.