Product Liability Lawyers

Among the many forms of personal injury lawsuits is a product liability claim. It is able to be filed against businesses because of injuries you suffered due to their released products. The Consumer Product Safety Commission tracks recalls and informs the public; occasionally, there are circumstances that prompt the recall, while others are discovered after months or years on the market. It is important that you pay attention to news regarding products, especially vehicles, so you always stay safe. If you’ve been hurt, you can take legal action with the help of our product liability attorneys at Kenmore Law Group.

How can I file a product liability lawsuit?

Product liability claims are filed against companies that release goods that have some kind of error or malfunction with them. These errors generally lead to injuries or accidents. Some of the items may be small, like toys, and can break and cause cuts. Others may be more impactful, like vehicles, which can cause serious accidents if there is a malfunction.

You can establish the negligence of a company by showing any of the following points as true:

• The product had a design flaw
• The product had a manufacturing error
• The product had no warnings or hazard signs on it or on the packaging

Design flaws generally happen when the product is being created or theorized. There are engineers and other workers who seek to make sure everything fits accordingly and that there would be no conflicts. They would test weight, durability, synergy, and more. If one of the sections is shown to break under stress, it should be redesigned. However, not every product is even adequately tested to that extent.

Manufacturing errors happen at the production plants where the item is actually being made. The plants may use the wrong materials or the machines may not work properly. A batch of items may be sent out without knowing that the machine did not put screws in, for example.

There should also be adequate warning labels on the items, especially when there are small parts in toys. Different regulations dictate what must be listed and what can be omitted. Guidelines and manuals are not required.

To file a product liability claim, you should follow these steps:

You should, first and foremost, go to the doctor to get treatment for your injuries. If you do not see the doctor after you get hurt, you may worsen the damage that was done. You may also put your claim in jeopardy. If there is a gap between the incident and the treatment, the insurance agent responsible for the case will doubt whether you were actually hurt and will likely refuse your settlement.

You should hold on to the receipts from the hospital, photos of your injuries, charts, X-rays, MRIs, doctor’s notes medication prescriptions, and more. This will show the extent of the damages and what needed to be done to fix them.

Do not throw the item away, bring it to a repair shop to be fixed, tamper with it yourself, or do anything else to it. It is important that it remains just as it was after it malfunctioned. If you try to alter it, the company can claim that it is impossible to determine what really happened. If you throw it away or return it to the company, you also will lose your most important piece of evidence.

There may have been other people around who witnessed the accident. You can add their testimonies to your claim and write down their statements. Additionally, they may also have been injured by the item. If they were, you could potentially join together in a class action lawsuit, wherein all of your evidence will be used against the company. While this increases the chances of success, it also decreases the amount of compensation each individual can earn.

Hold on to all receipts showing that you bought the item, including paper receipts, proof of purchase emails, bank statements, credit card statements, and more.

Finally, seek out a skilled product liability lawyer who can represent you. You may want to move forward without any legal help, which s not recommended. An attorney can assemble your evidence package, write the demand letter, and submit t to the insurance agency, then negotiate a fair deal when the agent has looked over it. We will be able to work a settlement in your favor while you focus on recovering from any injuries.

What kind of compensation can I receive in a defective product claim?

Companies should be held properly accountable if their products do harm to consumers, and if any injuries come about, the businesses should pay for the losses. It is only fair, but many businesses try to circumvent this responsibility and avoid any liability at all. Product liability claims can bring you a fair amount of money if properly handled. We aim to bring you compensation like:

• Medical bills if you were injured, sent to the hospital, needed medication, required physical therapy, and more
• Costs of future medical treatments if complications arose or you needed follow-ups
• Lost wages if you were unable to go to work because of the extent of your injuries
• Future lost income if you were sidelined from your job because of additional medical treatments or if you needed recovery time
• Property damage to replace the cost of the item as well as any potential damages that happened to the rest of your belongings
• Pain and suffering damages to cover the psychological trauma, PTSD, anxiety, fear, and more

It is uncommon for many defective products to contribute to a wrongful death because most malfunctioning items are household appliances or toys. However, if vehicles malfunction, for instance, the results can be devastating. You could therefore pursue a wrongful death claim from the business, which would allow you to recover damages on behalf of your deceased family member or loved one. You are entitled to funeral and burial fees, pre-death medical bills, pre-death pain and suffering, loss of consortium and relations, loss of inheritance and savings, and more.

For the best chance of earning a large settlement from the company you are suing, it is in your best interest to get help from a skilled product liability lawyer. Without adequate legal representation, you may not go far in your case. The insurance agent could deny your claim and make you a low offer and refuse to listen to any of your remarks or statements. A product liability lawyer will be able to refer to the law and ensure that the agent is acting properly. We know you may not have a background in the legal field, and your focus should be on your health while we take care of your claim.

What is the statute of limitations on product liability lawsuits?

The statute of limitations is the time during which you can file a lawsuit. If you do not file a claim or take legal action in this window, you will be prevented from doing so in the future. California has a statute of limitations of 2 years on product liability claims, but after that, your claim becomes void.

The reason the statute of limitations exists is so that both parties will have the ability to gather evidence and neither will be at a disadvantage. If the statute were short, the victim would have to hurry to gather proof and could miss key pieces. If it were too long, the company could not have sold the product in a long time or may have gone out of business, and would have no means of addressing the situation.

It is possible that the statute of limitations can be extended past the 2-year deadline. This happens in a few cases, including:

• Minors who were injured and can wait until they turn 18 years old to sue
• Incapacitated victims who can wait until they return to functioning health before they take action
• Claims in which the defendant has left the state, rendering the statute suspended until they return

To determine the amount of time left on your product liability lawsuit, speak with a defective product attorney today. We will tell you the deadline for your case and help you file your claim on time. Too often, individuals fail to get their documents in because they do not recognize the statute of limitations. We ensure that does not happen.

Choosing Our Firm

Kenmore Law Group in Los Angeles has effectively litigated and settled thousands of cases throughout the years. We have a history of success and will always strive for excellence with our clients. Our attorneys are aggressive and ruthless when it comes to fighting insurance agencies, and we will pursue every cent you deserve, even if it means going to court.

To receive a free legal consultation to discuss your claim, call our law offices any time. We are available around the clock and will always provide you with expert consultations about your claim. We will also ensure that you are not in danger of any debts when you work with us, thanks to our zero fee guarantee. This states that we do not get paid unless and until we win, with the fees coming out of the settlement from the company. If we lose, we receive no payment at all. You won’t have to touch your private savings.

For more details about product liability claims and what to do to sue a company, get in touch with Kenmore Law Group.