Palm Springs Defective Products Law Firm
Our modern, technological world and its advanced machinery and convenient inventions can make life easier. But it can also sometimes lead to injuries when one of those devices or machines is defective. If that happens, products liability law can help the victim financially.
Defective Products Law in California
California products liability law addresses injuries caused by defective products. California’s laws apply to all injuries in California caused by products put into the stream of commerce and sold to the public, no matter where those products were made. Products liability law covers anything manufactured, from airplanes, automobiles and industrial machinery to consumer goods, food, chemicals and medical devices. Liability for injuries from such products extends to all parties designing, manufacturing and selling them. Further, the injured person does not have to be the buyer of the product in order to receive fair compensation for an injury.
In California, a person injured by a defective product generally may assert claims under three theories: (a) strict products liability, (b) negligence and (c) breach of warranty. The most important of these theories is strict liability. This theory basically says that if a product is defectively designed or manufactured, or if there has been inadequate warning about the product, liability may attach.
A California strict defective products claim may be brought when the product was used as intended or foreseeable, the product was defective when it left a defendant’s possession and the defect caused of the injury. The “foreseeable” element includes foreseeable misuse of a product. A claim may also be brought where the product did not include sufficient warning of possible hazards and those hazards caused injury.
A product may be defective if it is made improperly or if the design itself is inherently defective. Under a failure to warn claim, an injured party must show that the product had potential risks or side effects, that the defendant failed to adequately warn or instruct of those potential risks and that the failure to properly warn was a factor in causing the injury.
This information covers the basics of products liability law. In practice, however, products liability claims are among the most complex cases in the law. If you, a family member or a friend have been injured because of a possibly defect product or a failure to warn, you should consult experienced and qualified Palm Springs defective products law firm.
Product liability attorneys understand the various theories required to prove a products liability claim. Experienced attorneys can determine whether you have a claim and how to best to pursue that claim. Manufacturers and their insurers have professional investigators and lawyers working for them, and their goal is to resolve any claims against them with as little money as they can get away with. If you believe you may have a products liability claim, it is in your best interests to have an experienced and qualified Palm Springs defective products law firm on your side as well.
There are statutes of limitations that apply to products liability claims. This means that, if the claim is not properly brought within the required time frame, the claim could be forever lost.
Consult Our Palm Springs Defective Products Law Firm
You should not wait before consulting with Palm Springs defective products attorneys about a possible claim. Product liability attorneys understand these time limits and any exceptions which may apply if you have waited too long.
Finally, merely by having Palm Springs defective products attorneys involved in your case does not automatically mean that you will be going to trial. Many cases are settled out of court. But if a court filing is required, experienced Palm Springs defective products law firm will know how best to present your claim.
If you or a loved one has suffered injury due to a dangerous or defective product, the Palm Springs defective products law firm of Karlin & Karlin is available to help you file your case in court. Contact us today at (866) 985-0393. While there is no guaranteed outcome, having an experienced attorney can greatly increase your chances of obtaining the settlement you deserve.