Walnut Creek Product Liability Lawyer

At Pocklington Law Offices, we serve as product liability attorneys for people who have been injured or suffered property damage because of faulty products and equipment. If you have been hurt by malfunctioning goods, it is important to know your legal rights. We have created this article to give you a greater understanding of product liability law, and when it is appropriate to contact a personal injury attorney skilled in product liability law.

Product Liability: What To Do When A Product Malfunctions Resulting In Some Form of Damage To You or Your Property

There are really three ways that a company can be found liable for its malfunctioning products. These three categories are defective design, manufacturing defect, and failure to provide adequate warnings or instructions. Let’s take them one at a time.

A defective design case can be brought against a company and will be judged in one of two ways. In a risk/benefits test, the court will decide if the inherent risk of the product outweighs the potential benefits to the consumer. So, a product that is not particularly useful but poses an enormous health risk would be an obvious candidate for a lawsuit.

Even if a product passes the risk/benefit test, we may still be able to prove that there is liability based on consumer expectations. In this judgment, the courts may rule that a product is more dangerous than can be reasonably expected by consumers who are using the product for its intended purpose. A consumer can reasonably assume some risk in any product, but some products become enormously dangerous and can therefore result in litigation for the company.

The second type of liability is for manufacturing defect. Most products are designed to be safe, and most manufacturers take incredible care during the design and building processes. Still, some products arrive on the market with defects that can lead to injury or personal damage. When this occurs, you should contact a product liability attorney to determine if the defect was directly related to the malfunction of the product and subsequent injury.

Finally, we can bring a lawsuit against a company if we can prove that there were no adequate warnings or instructions included in the product. As an example, if our client was using a computer that was known to overheat after extended use (say, two hours), and this resulted in burn injury our client or damaged his property, we could bring a case against the company. They are required to disclose any possible defects or dangers in their products.

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Damages

In California, we use the pure comparative fault standard. This means that even if you are found to be partially at fault during the accident, you are still entitled to a percentage of the total damages. Using the computer example, if the computer caught fire and caused $10,000 in damage to your living room, you can still recover $5,000 in damages even if you are found to be 50% at fault.

Of course, the companies or manufacturers can put up a defense based on two criterias. First, they can make the claim that the product was misused, which led to the malfunction and damage. For example, if you are vacuuming your home and intentionally run the vacuum through standing water, it may be difficult to recover any subsequent damages because it is well known (and clearly stated) that using a vacuum in water will lead to accidents.

They can also make the claim that consumers should have a reasonable amount of awareness when it comes to the dangers of their product. This is a situation in which it is valuable to consult the advice of a seasoned product liability attorney. We can help you determine the strengths and weaknesses of your case, go over what to expect during the court proceedings, and make sure that you file your claim in a timely manner.

Contact Your Local Qualified Product Liability Lawyer Today

If you believe that you have suffered from a faulty or dangerous product, it is important that you contact a product liability lawyer as soon as possible. At Pocklington Law Offices, we can help you determine the strengths and weakness of your case. Give us a call at (925) 295-1304 or fill in the form on this page to schedule a free consultation and case review today.

Our convenient Walnut Creek Location:

37.9076894 -122.0557513