Siskiyou County Product Liability Lawyer

Siskiyou County Product Liability Attorney

Consumers put their trust in the products they use, and those who provide them have a duty to provide a safe product. Unfortunately, this does not happen sometimes, and a victim gets injured due to a hazardous product. When this happens, the injured party may be entitled to file a claim. A Siskiyou County product liability lawyer can navigate through the legal process if you have been harmed by a hazardous product.

Why Choose Barr and Mudford?

The team at Barr and Mudford understands how serious an injury can be when it’s brought on by a defective product. We are committed to holding manufacturers and retailers (and any other responsible party) liable for the injury they may have caused. Our team believes that you deserve to be safe when handling a product, and you should be well informed of any potential hazards.

We can seek the justice and compensation you deserve for any injuries you sustained. If you have suffered from harm caused by a defective product, we can fight on your behalf.

Understanding Product Liability

Manufacturers, distributors, suppliers, and retailers are held liable by California product liability laws for any harm caused by faulty goods they sell or give to customers. These parties may be held strictly liable, meaning that the victim only needs to demonstrate that the product was flawed and caused harm, rather than proving negligence.

There are three different types of product liability claims. The first is design defects, which means there was a flaw in the design of the product. The second is manufacturing defects, which means an error occurred in the manufacturing process. This will likely only apply to a batch of the product as opposed to all of them.

The third is the failure to warn. This means the user was not adequately warned of any potential hazards while handling the product, or they were not given proper handling instructions.

Damages in a Product Liability Case

Filing a product liability claim in California can be difficult because these claims are typically made against an organization, or multiple organizations, which will likely fight to avoid adequately compensating the victim. However, if you can prove that the product was defective when you obtained it, it caused your injury, and you used the product as intended, you may be entitled to full compensation for your injuries.

When seeking damages in a product liability case, there are three different types of damages you can pursue: economic, non-economic, and punitive. The amount that you can be awarded will depend on the amount of negligence involved, the extent of your injuries, and the impact the injury had on your life.

Economic damages are easily quantifiable. This can include medical bills, lost wages, loss of earning capacity, and property damage. These damages can easily be proven with evidence such as medical bills, pay stubs, and receipts.

Non-economic damages are not as easily quantifiable, but compensation for them can be awarded based on the circumstances of the case, usually at the discretion of the court. These can include emotional trauma, PTSD, loss of quality of life, anxiety, depression, and pain and suffering. This is meant to help you through the physical and emotional toll of the injury.

Punitive damages are the least common form of damages, but they are meant to punish gross negligence. Punitive damages are sought if the appropriate party has shown reckless behavior, such as knowingly selling a defective product, ignoring safety regulations, hiding defects, or refusing to recall a dangerous product.

How a Product Liability Lawyer Can Help

A product liability lawyer can hold manufacturers and sellers accountable for the damage they cause. The legal process can be complicated, but they can handle this portion for you, such as gathering evidence and professional testimony if necessary.

An attorney can examine the defective product to determine where the hazard occurred and where in the production process the error occurred. They can review manufacturing records, consult engineers, and speak with relevant professionals.

Multiple parties may be responsible for the hazardous product. An attorney can analyze all the facts to determine which parties are responsible and hold them all liable. That way, you can obtain the maximum amount of compensation.

Additionally, if insurance companies are involved, your attorney can negotiate hard for a fair settlement. If the case ends up going to trial, a lawyer can fight on your behalf in court.

FAQs Siskiyou County,CA Product Liability Law

What Is One Alternative to Product Liability Claims?

Seeking a settlement through mediation or negotiation is an alternative to bringing a product liability claim. To save money on legal fees and bad press, many businesses would rather settle disagreements out of court. While direct talks with the manufacturer or insurance can result in a monetary settlement without going to court, mediation entails an impartial third party assisting both parties in reaching a just agreement.

What Are Punitive Damages in a Product Liability Case?

When a manufacturer, distributor, or retailer commits willful, dishonest, or reckless misbehavior, punitive damages are granted in product liability proceedings. Punitive damages are intended to penalize the defendant and discourage future instances of the same kind of behavior, as opposed to compensatory damages, which compensate for actual losses.

Punitive damages are sometimes awarded when a business willfully disregards safety hazards, sells a defective product, or neglects to issue a recall.

What Are the Three Types of Product Defects?

The three types of product defects are:

1. Manufacturing defects. There was an issue with how a batch of a product was produced.
2. Design defects. There is a hazard in how the product was designed.
3. Failure to warn. The provider failed to inform the public of safety hazards or proper handling techniques.

What Must a Plaintiff Show in a Product Liability Action?

In a product liability action, the plaintiff must show that:

1. The product was defective, either through a design defect, manufacturing defect, or a failure to warn.
2. The defect existed when the plaintiff obtained the product.
3. The plaintiff was injured.
4. Their injury was directly caused by the defective product.

Contact Barr and Mudford Today

If you were injured due to a defective product that caused harm, you may be entitled to compensation. Contact Barr and Mudford for more information.