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California Product Liability Lawyers
Product liability refers to the responsibility of manufacturers and sellers to compensate customers, users, and even bystanders who have suffered injuries due to a defective product that was sold. Imagine being excited about a new product that you have spent your hard-earned money for, only to end up getting hurt as a result of using the product. That injury can be compensated through product liability laws if you seek to pursue compensation with the help of California product liability lawyers.
What is Product Liability Law?
Product liability laws are legislations that are put in place to protect individuals from the aforementioned harms that substandard goods may bring them. In the US, there were 12.7 million people reported to have been hospitalized due to injuries caused by consumer products. When you or your loved one gets injured due to a problematic product, you can uphold your legal rights and make a case for just compensation. This is because all of us have the expectation and the right to be free from harm whenever we use a product as intended. In these cases, manufacturers, designers, or sellers may be held accountable and sanctioned to pay out compensation for your losses.
How Do You Prove Product Liability?
Certain criteria must be met in order for you to bring a product liability claim against a manufacturer for an allegedly defective product.
- The product has directly caused the injury. There must be an actual injury that can be presented. It is insufficient to say that you “almost” had an injury. The actual harm must be present and that injury has to be directly linked to the product that you have bought.
- The product itself is defective. You must prove that the product is defective and this defect was not apparent when the product was bought. As an average consumer, if the product looked like it was in a reasonably good state when you bought it, and you later saw that there are defects that caused you harm, then you can have a case to present in court. This defect can come in many forms.
- The product is inherently dangerous, but it did not look to be that way when you bought it. This can be claimed as a defect because you could not have reasonably foreseen such danger when you opted to buy the product. In cases like this, you will most likely need a witness, such as a product specialist, to prove and demonstrate that the product was already faulty at the time it was manufactured.
- There is a manufacturing error that led to the product performing differently than intended. These kinds of errors occur fairly frequently in the market. This is why things like batch numbers and lot numbers are put onto product labels so that products can be identified in case a recall is needed. A product recall is when a manufacturer removes a product from a market due to reasons like manufacturing errors, mislabels, incorrect packaging, and contamination among many others.
- Finally, another way you can claim that a product is defective is if the manufacturer did not provide sufficient warning. A lot of extremely useful products are dangerous if used incorrectly, however you cannot always claim product liability because it harmed you.
- The product defect has caused you to injure yourself. Once you have proven that the product was indeed defective, you have to provide causation between that product and the injury itself. Proving that the defect is the proximate cause of the harm will fulfill this third criterion.
- The product must be used as intended. For you to have a product liability claim, it must be predicated on the event that you followed the instructions and used the product correctly. If you used the product in a reasonably foreseeable way, but its usage still caused you undue injury, then a product liability claim may be filed.
What Is Strict Liability?
Strict liability is used in courts to refer to circumstances where defendants will be held liable regardless of whether the damages caused are a product of negligence. In most events, a defendant can be liable for negligence, gross negligence, recklessness, or intentionally causing you harm. However, this is not true with strict liability claims.
In these cases, a judge or a jury does not require proof of fault for the defendant to be liable. Regardless of whether their negligence caused the harm i.e. it was all an accident, the defendant will still end up being liable.
What Is The Product Liability Law In California?
California product liability law is a legal doctrine that holds manufacturers, sellers, and distributors accountable for harms or losses brought on by faulty or excessively risky goods and services, regardless of the intent.
In California, strict liability can be claimed in three types of product defects:
- Manufacturing defects;
- Design defects; and
- Warning defects
Manufacturing Defects
A manufacturing defect occurs when the product deviates from the intended design or specification. It can also mean that the product works differently compared to other units in the market of the same product line. Some elements must also be met for you to claim that something is caused by a manufacturing defect, which is:
- The defendant is indeed the manufacturer of the product;
- The product had a manufacturing defect when it was bought i.e. when it left the seller’s possession;
- You, the plaintiff, were harmed; and
- The product’s defect was the proximate cause of your injury.
Design Defects
In California, a product is deemed to have a design defect if it fails to operate safely when used as intended by an average consumer. Additionally, a design defect may also exist if the benefits of a product’s design do not outweigh the potential harm it could cause. These scenarios can overlap, and if proven, California applies strict liability to cases involving design defects.
Warning Defects
A warning defect may be proven if the following criteria are met:
- The defendant is indeed the manufacturer of the product;
- The product has a risk that is known or knowable by the manufacturer;
- The aforementioned risks may pose a substantial danger when a product is used or misused in an intended or reasonably foreseeable manner;
- Ordinary consumers will not be able to reasonably recognize such potential risks;
- The defendant does not adequately warn consumers of the potential risk the product may bring them; and as a result,
- The lack of instructions and forewarning led to harming the plaintiff.
California courts will award compensatory damages against manufacturers for their failure to properly warn consumers. These include both special and general compensatory damages which cover medical bills, lost wages, property damages, pain and suffering, and at worst, wrongful death.
How Do I File A Product Liability Claim In California?
Product liability claims can be filed through a suit. This means that you would have to go to court and prove that you have legal standing for your claim. Afterward, you should provide ample evidence to show that the product defect is responsible for the injuries you may have sustained. This multi-step process can be overwhelming for anyone, so we suggest that you hire the help of a California product liability attorney to help your case.
What Is The Statute Of Limitation For A Product Liability Claim In California?
Under the California Code of Civil Procedure, product liability claims must be filed within two years of the date of the alleged injury. The statute of limitation is an important legal concept that aims to preserve the integrity of evidence and the accuracy of witness accounts. As more time passes, the quality of evidence degrades which puts into question the authenticity of the claim. Except for certain exceptions, filing a case beyond this prescribed statute often means automatic dismissal of the case.
Do I Need A Personal Injury Attorney To Claim Product Liability?
We recommend that you seek the help of a personal injury attorney in a product liability case. Strictly speaking, having legal representation is not a requirement for you to file your claim, but the complex nature of product liability law may feel too overwhelming for the average person. Working with a legal professional who is well-versed in state and federal laws regarding product liability will be beneficial for you when filing your claim.
PERSONAL INJURY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
How Much Does A California Product Liability Lawyer Charge?
Hiring a product liability lawyer’s cost can vary based on factors like case complexity, location, and the lawyer’s experience and reputation. Typically, lawyers representing victims of defective products use a contingency fee model, where their payment is a percentage of the settlement or court award obtained. If they fail to secure compensation, no fee is charged. Do note that you may be required to handle related fees such as hospitalization fees, medical bills, rehabilitation costs, and other out-of-pocket expenses.
Are Retailers Liable For Product Defects?
Retailers’ responsibilities regarding defective products vary depending on their location and the specific circumstances. Essentially, retailers may be held responsible for selling defective products under product liability and consumer protection laws. Liability levels hinge on factors such as their position in the distribution chain and awareness of the product’s defect.
Can I Still File A Product Liability Claim After A Recall?
Yes, you can still seek compensation for injuries sustained due to defective products even if the product was already recalled. The recall doesn’t erase the fact that you have been hurt by the defective product. It further exemplifies how their product has been a threat to other people’s safety which is likely why they initiated the recall in the first place.
Can I Get A Free Consultation With A California Product Liability Lawyer?
At Gosuits, we prioritize the needs of our clients first. Thus, we offer free consultations for your claim to assess the merits of your case. We will help you discuss the next steps of your case so that you can get compensation for the injuries you’ve sustained due to defective products.
Meet the GoSuits Team
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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