The California Product Liability Attorneys at Bisnar Chase have won justice for thousands of deserving clients through successful personal injury claims. We have been in business for over 45 years.
Over that time, we have maintained an outstanding 99% success rate, winning over $800 million for our clients in injury settlements and verdicts, including dangerous or defective product cases and product liability claims.
We handle cases involving dangerous consumer products ranging from defective drones, malfunctioning e-cigarettes, and dangerous lithium-ion batteries to Roundup, Allergan, and Talcum Powder cancer cases. But that is just a small snapshot of the product liability litigation we deal with. Contact our team today to find out if you have a case.
Our experienced defective product attorneys in California will fight to ensure you get the compensation and justice you deserve. If you have been harmed by a dangerous product, don’t hesitate to get in touch with a personal injury attorney at Bisnar Chase for a free consultation. Call (800) 561-4887 or contact us through our website.
California Products Liability Resources
Elements of a Product Liability Claim
The term “product liability” is associated with a business owner or product manufacturer being held accountable for the serious injuries caused by a defective product. Both entities owe a duty of care to consumers to keep them safe from harm while using their products.
You can file a product liability lawsuit if you are injured by a dangerous product. Many product liability claims are a result of manufacturer negligence. The most common defects include:
- Design defects occur when there are inherent flaws caused by the design of the product, making it dangerous.
- Manufacturing defects happen when something goes wrong during production. For example, if there is a manufacturing error in how something was made, or if the manufacturing process involves using cheap under-strength materials.
- Marketing defects refer to incorrect instructions or safety warnings about using the product correctly.
The federal products liability statute of limitations states the time to file a products liability claim is “Within two years: An action for assault, battery, or injury to, or the death of, an individual caused by the wrongful act or neglect of another.” That means a claim must be filed within two years of the accident date.
To file a products liability lawsuit, you must prove that the product was defective at the time it left the manufacturer or seller’s possession, that you suffered an injury, and that the injury was caused by the product defect.
“The types of damages a victim can seek in a product liability case include money for pain and suffering, compensation for lost wages, and compensation for past medical bills and future medical expenses. It is meant to make the victim whole.” – California Product Liability Attorney, Brian Chase.
Important Questions For Your Product Liability Lawyer
On this page, we aim to answer every important question you might have before taking legal action over an injury caused by a dangerous item. Below are some of the most critical. How much is your case worth? How do you choose the right lawyer? And what steps do you need to take after a dangerous product injury?
What Damages are Recoverable in a Products Liability Lawsuit?
The potential damages can be divided into three categories:
Economic damages: These cover quantifiable monetary losses as a result of the accident, such as medical bills.
Non-economic damages: Harder to quantify, non-economic damages cover factors such as pain and suffering.
Punitive damages: Designed to punish a negligent manufacturer and deter any future bad practices leading to injuries.
These damages are combined to produce a single compensatory amount for the injury victim. The most common factors in determining the value of an injury case include:
- Your medical expenses, including hospital stays, doctor visits, surgeries, and other treatments you undergo, as well as expected future treatments.
- Lost wages due to time away from work for medical treatment or recovery from an injury caused by the defective product.
- Pain and suffering caused by your injury or illness due to defective or dangerous products.
- Funeral expenses if the defective product caused a death. In addition, you can speak with your product liability lawyer about the elements of a wrongful death lawsuit.
- Punitive damages can be awarded to punish the manufacturer for apparent negligence or reckless behavior when creating or selling the product that eventually harmed you.
When we recover damages for you, the amount will depend on the facts of your case. Every accident is different. Get in contact with us at Bisnar Chase and find out how much your case could be worth.
Can I Sue for Emotional Distress?
Yes, there can be emotional distress elements in a personal injury lawsuit, especially long-term emotional issues such as PTSD and severe anxiety. However, in order for Bisnar Chase to take your case there must also be a physical injury.
What are the Most Common Injuries Associated with Product Liability Cases?
Most injuries caused by a defective or dangerous product are burns and soft tissue damage. Whether it’s an exploding blender or a hazardous chemical in a product, most cases involve ongoing treatment for chemical burns, eye injuries, and severe cuts from an appliance.
But injuries can be wide-ranging. For example, some cases involve victims developing cancers due to their use of a product. No matter how a defective product injures you, we are here to help you recover fair compensation.
You can contact an experienced attorney at Bisnar Chase to find out if your injury qualifies.
Steps to Take After Suffering a Product Defect Injury
After suffering an injury from a dangerous consumer product, you should take the following steps to keep yourself safe and improve your chances of successfully fighting for compensation.
- Seek Medical Attention. It is important to get appropriate medical treatment for your injuries, whether that involves calling an ambulance immediately or visiting a doctor the next day. Your health should always come first. In addition, the medical records showing your injuries and treatment will be important evidence in any legal action.
- Preserve and Document Evidence. Successful legal cases are built on strong evidence. Where possible, regularly document your injuries and any further evidence of the accident. Take pictures, and preserve the defective product if possible. You should also keep any receipts for proof of purchase.
- Check for Recalls. Find out if your product has been recalled by the manufacturer. This is not essential, but it can boost your case if the manufacturer has acknowledged a problem by issuing a product recall.
- Contact Bisnar Chase. You should contact a top-rated product liability law firm as soon as possible after your accident. Our team has a national reputation and will give you the best chance of success.
How Do You Choose the Best Product Liability Attorneys For Your Case?
To maximize your chance of success (as well as the compensation you could win) you need to work with a law firm that is suitable for your case. The following are just some of the factors you should look for in choosing the right lawyer.
- A track record of success with product liability cases like yours.
- Trial attorneys who can take your case all the way to the courtroom when necessary.
- Lawyers who are compassionate and responsive.
Bisnar Chase fulfills the criteria on each of these points. We take great pride in providing superior representation throughout California. We have a 99% success rate, the resources to take your case to trial, and the will to stand up to even the toughest manufacturers. The following are just some of our top product defect case results:
- $32.7 Million: Auto Product Liability
- $24.7 Million: Defective Seatback Failure
- $14.4 Million: Auto Product Liability
- $12.2 Million: Defective Product
The best product liability lawyer for your case will believe in you and fight for every step of the way, and that describes our team.
Top 10 Most Common Types of California Product Liability Cases
There are many different types of defective products that are purchased every day. Some manufacturing defects create serious hazards that can put users at great risk, leading to a serious personal injury or fatality.
The 10 most common types of a defective product claim include:
A vehicle malfunction is likely to cause an auto accident. The defects we have seen include everything from carbon monoxide poisoning to malfunctioning brakes, sudden unintended acceleration (SUA), tires blowing out, faulty ignition switches, seatbelt failure, and more. Bisnar Chase is a trusted and reputable law firm handling serious auto defects.
When buying toys and products for your children, you trust that they will bring no harm. But in some cases, factors are overlooked or mistakes are made, resulting in the release of products that can harm young users, such as toys with choking hazards.
Household Appliances and Furniture:
Everyday tasks in your home should not be dangerous; household appliances can be very heavy, provide a fire risk, and many more potentially deadly hazards. Products should not be released to the public for sale or distribution if the quality is not ensured.
In addition, flawed furniture that is unbalanced, made with cheap materials, or has faulty features, can be extremely dangerous. One recent example involves dressers and other furniture items tipping and crushing young victims.
Medical devices and implants are designed to save lives and make living conditions easier. You should never have to worry about whether a medical product will worsen your condition. But Bisnar Chase has won major settlements and verdicts for victims of faulty medical devices.
Chemicals and Cleaning Products:
Dealing with household and exterior cleaners can be extremely hazardous. Items like kitchen sprays, disinfectants, soaps, and detergents can all be harmful depending on the ingredients used.
High-strength products like Roundup weed killer have also been linked to serious side effects, such as the development of cancer. Roundup is the subject of many personal injury lawsuits throughout the country. To learn more, visit Senate Bill No. 258.
We consume food and drink without expecting it to make us violently ill. The bottom line is that we should not worry about contaminants causing serious side effects. The food and beverage industry must undergo rigorous testing and obey strict guidelines, laws, and regulations. When a contaminated food issue comes up, it is usually due to negligence or wrongdoing.
Industrial Equipment and Machinery:
Safety is key when working in positions requiring big, heavy, fast, loud, and dangerous equipment and machines. Organizations like OSHA work tirelessly to ensure that proper protocol is required and met by businesses and companies so their workers are kept safe when on the job and not forced into potentially catastrophic situations.
From prescription medications to over-the-counter products, pharmaceuticals are meant to undergo strict testing before they are made available to consumers. But sometimes profits are put over people, and pharmaceutical products carry known or unknown side effects.
If proper design and manufacturing processes are not followed, electronic products are particularly prone to dangerous malfunctions. They can include dangerous parts, can lose control and normal functions, and may be prone to overheating.
If you have been injured due to a defective product, please contact our highly skilled and experienced team of California product liability attorneys. Call us at (800) 561-4887 for a free consultation and case evaluation.
Who is Liable for a Defective Product?
Liability refers to the parties that are legally responsible for your injuries. According to California’s strict liability law, we don’t necessarily have to prove direct negligence. Only that a product was defective and caused an injury.
The liable parties can include any company or entity involved in the chain of distribution, from the creation of the product to distribution and marketing. Common liable parties include:
- Third-party designers.
- Anyone involved with making sub-parts or components.
A lawsuit can name multiple parties as defendants, ensuring that everyone sharing any blame for your injuries is held accountable.
Manufacturing Defect vs. Design Defect
Many companies handle both the design and manufacturing of a product. When that product is defective, the company is likely to be liable under state laws for manufacturing and design defects. However, these processes can also be outsourced.
The defective design or manufacturing of an item are not the only elements of liability. Another form of negligence is failure to warn, when a company fails to provide proper instructions for safe us, safety advisories, or hazard warnings.
Let us know if you have any questions about your defective and dangerous product liability claim. Our California products liability attorneys can go step by step with you on whether you have a case or not and see if a design defect was the cause of your injury.
Bisnar Chase’s team of product liability specialists will investigate every case and ensure that justice is done.
Product Liability Laws Are Different By State
In the U.S., there are no standardized federal laws regulating product liability, and each state controls its own set of legislative standards under typical categories like warranty law and negligence law.
California’s product liability laws cover areas including the burden of proof, statute ceilings, and punitive damages, shaping how we approach a legal action involving a faulty product.
Further complicating matters, different legal grounds, such as “strict liability,” may be needed when filing product liability claims rather than traditional “negligence.”
Since there is no federal products liability law, most cases are based on state laws where the plaintiff resides or where the product was created, manufactured, marketed, or otherwise sold.
The legal landscape can be complex and difficult to navigate at the best of times. When a product fails it has the potential to cause a catastrophic injury, and those responsible must be held accountable. That is why you need an experienced team behind you.
If you have questions about your state and the liability laws there, reach out to our top product liability attorneys. We can answer your questions.
Winning California Products Liability Cases
Brian Chase, a top-rated California personal injury law firm, is passionate about taking on the big guns of Fortune five hundred companies and seeking justice for you. We’ve been named Best Law Firms for over a decade by U.S. Attorneys.
Our experience in product liability law and defective and dangerous products allows us to be at the top of our game from the start. There is no learning curve when you have specialized in these cases for over four decades and have served areas such as Los Angeles and San Bernardino.
Brian does not fear taking on Goliath. He’s been protecting clients’ rights and pursuing negligent corporations for decades throughout California.
Brian has an exceptional record in dealing with a wide variety of cases. Some of the different defective product claims that he and his skilled team of product liability attorneys handle the following:
- Auto defects, including airbags, tires, and seatback failures
- Talcum powder
- Roundup weed killer
- Allergan breast implants
- Dangerous E-cigarettes
- Anything involving a faulty lithium-ion battery
- Drone accidents
Cases involving talcum powder and Roundup are now subject to major class-action lawsuits.
Bisnar Chase handles these and other smaller-scale product liability lawsuits across California and we are familiar with defendant legal teams, local judges, and experts. Contact our product liability attorneys for a free consultation with no obligations.
The Role of the Consumer Product Safety Commission in Product Liability Cases
The Consumer Product Safety Commission (CPSC) is an important cog in safeguarding people against serious injury or death stemming from consumer products that fall under its jurisdiction.
It an independent authority acting as an industry watchdog. The agency monitors various items, from toys to rugged off-road vehicles, and actively pursues new reforms to eradicate manufacturing or product defects that inflict harm upon consumers.
A vital component has involved the creation of an online platform that grants interested firms input into CPSC’s “Fast Track” recall program for cases dealing with liabilities associated with defective products that could cause harm or injury.
Product Liability Statistics
- Product liability cases account for approximately 10% of all civil litigation cases in the United States.
- The average cost of a product liability lawsuit is approximately $1.2 million.
- Approximately 75% of product liability cases are settled out of court through negotiations with an insurance company or legal defense team.
- About 25% of product liability cases are decided in court through a jury trial.
- Faulty medical devices are at the heart of about 25% of product liability cases.
(Source: American Bar Association)
Products Liability Statute of Limitations in California
Victims of defective products have a limited time to seek compensation for their injuries.
The time restraint on taking legal action is known as the statute of limitations. It can vary greatly depending on the victim’s geographic location and the state in which their defective product was manufactured. In California, the statute of limitations is two years to file a lawsuit.
It is important to note that there are exceptions to this two-year limit. As a result, we advise every injury victim to contact a lawyer as soon as possible after an accident. Even if you’re not sure you want to follow through with a lawsuit, don’t leave it to chance. Get in touch and find out your options before time runs out.
Suppose the time allowed by law to pursue a personal injury claim for damages is exceeded. In that case, obtaining compensation for medical expenses, out-of-pocket expenses, or pain and suffering from manufacturer negligence is almost impossible.
Call (800) 561-4887 following a defective product injury. The top-rated products liability attorneys at Bisnar Chase, based in Orange County and with locations across California, will provide you with a free, no-obligation consultation that will give you all the information you need to start your case on the right foot.
No Win No Fee With Bisnar Chase
For many people, filing a lawsuit is daunting because a case against a major manufacturer is likely to be expensive. They have large legal teams at their disposal and will stop at nothing to save money when it comes to product recalls and compensating injured victims.
That is why you need to work with a law firm like Bisnar Chase. Our firm will take on the financial burden of building a product liability case to protect you from financial loss.
We Shield You From Financial Liability
At Bisnar Chase, we advance all costs until the case is won. This will protect you from out-of-pocket expenses and remove financial worry. We only collect our fee when the case is over. A typical fee for a personal injury case in California is 33%. This is standard but could be more depending on the resources involved in your case. For instance, it may increase if the case goes to trial, as trials require more time and resources.
The percentage is agreed upon before you sign anything, so you know the exact state of play before we get started. We ensure that no client is left in the dark.
When your case is won, our percentage comes from the compensation that is awarded to you. That means that you pay nothing out of pocket to us. And if we do not win compensation for you, you will owe nothing. It is a win-win agreement that protects the clients and gives everyone the chance to hire top-tier legal help.
Every client is unique, and we are flexible in working with you to cut costs wherever possible. We often negotiate medical bills to shave hundreds or thousands off of an injury claim. Reach out to our California product liability attorney if you have questions.
Product Liability Claims: Key Questions Answered
Our team is here to help with every aspect of your case. When it comes to dangerous and defective products, we have been there and seen it all. But many people feel more comfortable taking on a legal case when they are fully informed. We have answered some of the key questions about product defect law below.
What is the Difference Between Products Liability and Strict Liability?
Product liability is when a company is held responsible for any serious injuries caused by its products. Strict liability means the company doesn’t need to have done anything wrong; if someone gets hurt using one of its products, they can be sued.
Product Liability Breach of Warranty
Product liability is a manufacturer’s responsibility to compensate those harmed by its products. It is a legal concept in which product manufacturers and distributors can be held liable for damages caused to consumers by product defects. Product liability breach of warranty occurs when the product does not meet certain expectations, such as being safe for use or being able to perform the task it was designed for.
What is Product Liability insurance?
Product liability insurance protects businesses against lawsuits if someone gets injured using their products. If they make a toaster that explodes and burns someone’s hand, they could sue the business for damages like medical bills or lost wages. With product liability insurance, the insurance company will cover those costs up to the policy limit ($1 million).
Like other types of insurance, insurance companies try to minimize payouts on an injury claim for a defective or dangerous product. The insurance company pays what it has to, not what it wants, so it’s important to have a personal injury lawyer with a history of successful product liability verdicts and settlements.
The Burden of Proof in Products Liability
The plaintiff has the burden of proving that the product is defective. Since there are three types of defects that a plaintiff can allege in a product liability case (manufacturing defects, design defects, and marketing defects) the plaintiff must provide evidence of the defect or product flaw.
Warning labels or disclaimers that fail to describe dangers adequately are a common cause of product liability claims. In this type of case, injuries may be caused by someone not knowing the full risk of using the product. The plaintiff has to prove that a defective product has harmed them, and they must have used it as intended.
This means that if someone claims injury from misusing a product, they would not be able to sue for damages because their injury was not caused by any defect in the product itself but rather by their misuse.
What is Product Liability Failure to Warn?
Product liability failure to warn is a legal term in the United States. It refers to when a manufacturer, distributor, or seller does not provide adequate warnings about the potential dangers of using their product. This can include any number of dangers, from choking hazards to poisoning risks.
Product Liability Foreseeable Misuse
Foreseeable misuse refers to a manufacturer’s liability for harm caused by an unsafe product that is used in a way other than its intended use.
The law does not require product manufacturers to anticipate misuse of their products. However, if they do expect such misuse and take reasonable steps to prevent it, they may be relieved from liability for any resulting harm.
To avoid foreseeable misuse, there are three things that manufacturers should consider:
- 1) What are the possible ways in which people might misuse their product?
- 2) What are the risks associated with those possibilities?
- 3) What could they do to reduce or eliminate those risks?
What is a Product Liability Waiver?
A product liability waiver is a contract signed by the customer in which he agrees not to sue the company for any injury or damage caused by their product.
Product liability waivers are also known as “release of liability” or “hold harmless” agreements. These agreements are usually signed when a customer purchases a service from a company and agrees not to sue them for any injury or damage caused by their product.
You should be very careful agreeing to a waiver as it will reduce your right to compensation.
Contact our California personal injury lawyers at Bisnar Chase for a free consultation if you have questions about your product defect case, or if you believe you were injured by a defective or dangerous item. Our team is here to help. Call now at 800-561-4887.
Defective Medical Device Cases in California
A medical device can fail in many ways, such as hip replacements or vaginal mesh implanting. When a medical device does fail, it can leave victims in painful or fatal circumstances, often causing lifelong symptoms.
If you are suffering complications from a defective medical device or unsafe prescription drugs, contact our office immediately by calling (800) 561-4887. We will advise you on whether or not we can take your medical defect case. We have represented clients that have experienced serious damaging side effects from unsafe prescription drugs for decades with winning results.
What About Auto Defect Cases?
Bisnar Chase is nationally renowned for winning auto defect cases. Every member of our team is committed and passionate about what they do. We have recovered millions of dollars in battles with major auto manufacturers and are experts in consumer protection laws.
Our team has recovered hundreds of millions of dollars for clients injured or lost loved ones due to vehicle manufacturer negligence. We handle cases ranging from faulty airbags, and defective seatbelts to tire separation, seatback failures, rollover crashes, and sudden unintended acceleration. Contact an experienced product liability lawyer at Bisnar Chase for expert help now.
Contact our Experienced Products Liability Lawyers in California
Our law firm has provided superior representation to clients in a huge number of defective and dangerous products cases, winning over $800 million for injury victims over more than 45 years in business. We take pride in helping those who have suffered serious injuries due to defective products across California.
- 2023 Super Lawyers
- 1% Top-rated Attorneys in the Nation
- Avvo A+ Rated
- Top 25 Product Liability Lawyers in the US
- 2023 Best Law Firms in America
Brian Chase has spent a large amount of his career going after deceptive and negligent manufacturers, specifically those that have catastrophically harmed consumers.
We provide elite legal representation that maximizes your compensation. We have a 99% success rate with more than $800 Million won for our clients, and counting! Product defect cases are complex, and only a seasoned personal injury lawyer will get you the justice you deserve.
Some law firms just want to settle every case quickly and move on. But we take great care with every case. With our firm, multiple attorneys will review your case to ensure that nothing is missed, our strategy is spot on, and no money is left on the table.
For more information on whether you have a product liability claim or a manufacturing defect case, please get in touch for a free case evaluation. You can call an experienced product liability attorney in California at (800) 561-4887 or contact us through our website. We are ready to fight for you.