The California product liability lawyers at Bisnar Chase have been winning personal injury claims for over 45 years. We have a 99% success rate and have won more than $750 million for our clients in injury settlements and verdicts, including consumer and dangerous product defect cases.
We handle cases involving dangerous products ranging from defective drones, malfunctioning e-cigarettes, and dangerous lithium-ion batteries to Roundup, Allergan, and Talcum Powder cancer cases.
Our experienced defective product attorneys in California will fight to ensure you get the compensation and justice you deserve. If a dangerous product has harmed you, please get in touch with Bisnar Chase’s personal injury attorneys for a free consultation. Call (800) 561-4887 or contact us through our website.
California Product Liability
Elements of Product Liability Claims
The term “product liability” is associated with a business owner or manufacturer being held accountable for the injuries caused by a defective product. Both entities are obligated to the consumer to keep them safe from harm while using their product.
The federal product liability statute of limitations states the time to file product liability claims 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.”
A product liability lawsuit is when a product injures a person or group of people due to a defect in its design or manufacture.
To file a product liability lawsuit, you must prove that the product was defective at the time it left the manufacturer or seller’s possession, that it caused injury or damage, and that there was a causal link between the two (in other words, the defect caused your injury).
There are different types of defects depending on what part of the product failed.
- Design defects occur when there is something wrong with how the product was designed
- Manufacturing defects happen when something goes wrong during production (for example, if there is an error in how something was made)
- Marketing defects refer to incorrect instructions or warnings about using the product correctly.
What is the difference between product liability and strict liability?
Product liability is when a company is held responsible for any 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 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.
The burden of proof in product liability
The plaintiff has the burden of proving that the product is defective.
There are three types of defects that a plaintiff can allege in a product liability case: manufacturing defects, design defects, and marketing defects.
A manufacturing defect arises during the production process, whereas a design defect is one in which the product was inherently flawed from conception.
A marketing defect arises when there are inadequate instructions or warnings on using the product correctly.
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.
Product liability failure to warn
Product liability failure to warn is a legal term used 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
Product liability 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 manufacturers to anticipate misuse of their products. However, if they do anticipate such misuse and take reasonable steps to prevent it, they may be relieved from liability for any resulting harm.
In order 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 ways?
3) What could they do to reduce or eliminate those risks?
Product liability hold harmless agreements
A product liability holds harmless agreement is a contract that protects the manufacturer of a product from being liable for any damages incurred by the purchaser or third party.
A product liability hold harmless agreement is often called an “absolute” agreement because it releases the manufacturer from all responsibility for damages, including those caused by negligence.
The manufacturer is only liable for damages if it can be proven that they were caused by a defect in the design or manufacture of their product.
Product liability tort
Product liability tort is a civil tort law that deals with the liability of manufacturers, distributors, and retailers for selling defective products.
Product liability tort law deals with the defects in a product, which should be held liable (manufacturer, distributor, or retailer), and the damages available to the injured party.
Product liability cases are usually brought by an injured party against one or more defendants to recover damages for injuries from defective products.
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 product liability attorneys for a free consultation if you have questions about your defective or dangerous product defect case.
Manufacturing Defect VS. Design Defect
Companies that place goods or services in the hands of consumers and create an environment for injury can be sued under state laws for manufacturing and design defects.
Typical product liability claims are those where the design of the product was expected to be safe but turned out otherwise, causing injury or death. While not as common, marketing defects also fall under a product liability lawsuit.
The chain from the product creation can include all parties involved, from the assembler, manufacturer, or store owner. Typically, product liability lawsuits are based on strict liability and negligence.
Most design flaws that cause injury are tables, heavy furniture, dressers, or items that have a choking hazard to children. There are many product liability cases, including failure to warn. Each one needs to be explored by an experienced product liability attorney who has spent years working on these cases.
Let us know if you have any questions about your defective or dangerous product claim. Our product liability attorney can go step by step with you on whether you have a case or not.
Winning California Product Liability Cases
Brian Chase, a top-rated California personal injury lawyer, is passionate about taking on the big guns of fortune five hundred companies and seeking justice for you.
Our experience in product liability and defective or 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 defective product attorneys handle include 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. Contact our product liability attorneys for a free consultation with no obligations.
Negligence in Product Safety
Negligence is when someone does something that’s expected to cause harm or doesn’t do something that’s expected to prevent harm and causes injury as a result.
Product safety lawsuits occur when a person is injured using a product in an intended way. If the product has a design flaw or manufacturing defect that makes it unsafe for use under normal conditions, then the company that made it may be liable for damages.
Bisnar Chase consumer product attorneys focus a large part of their practice on representing individuals who have been seriously injured or killed due to defective products or negligence placed into the hands of consumers.
Every year, millions of people are injured, maimed, or killed by dangerous or defective products in the U.S. Many times, these products should have never been in the marketplace in the first place because there was potential for injury from manufacturing or design flaws at the onset.
Since there is no federal product liability law, most cases are based on state laws where the plaintiff resides or where the product was created, manufactured, marketed, or otherwise sold.
If we represent you, the defective product lawyer in charge of your case will explain all the details of handling negligence claims in a product safety lawsuit.
Top 10 Most Common Types of California Product Liability Cases
There are many different types of defective products that are purchased every day. Some defects create serious hazards that can put users at great risk, leading to personal injuries or fatalities.
The 10 most common types of defective products include:
Auto Defects:
This can include everything from carbon monoxide poisoning to malfunctioning brakes, sudden unintended acceleration (SUA), tires blowing out, seatbelt failure, and more. Bisnar Chase is a trusted and reputable law firm handling serious auto defects.
Children’s Products:
When buying toys and products for your children, you trust that they will bring no harm, but when they do, somewhere along the line, something is overlooked and causes a serious problem that needs to be acknowledged. Let us hold those accountable so that it does not happen again to someone else.
Household Appliances:
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.
Furniture:
Recently, dressers and other furniture items have been causing the death of children from dressers falling on children and crushing them. These are not the only potentially dangerous items available.
Medical Devices:
When intending to save lives and make living conditions easier, you should not have to worry about if a medical product will worsen your condition. Bisnar Chase has won major settlements and verdicts for victims of faulty medical devices.
Chemicals & Cleaning Products:
Dealing with household and exterior cleaners can be extremely hazardous. Companies that manufactured and distributed cleaning products did not have to list the ingredients inside their kitchen sprays, disinfectants, soaps, detergents, etc. Some harmful ingredients can cause allergic reactions, illness, severe irritation, cancer, birth defects, and other serious side effects. Roundup Weed Killer has been linked to certain types of lymphoma. The product is the subject of many personal injury lawsuits throughout the country. To learn more, visit Senate Bill No. 258.
Contaminated Food:
We consume food and drink without thinking about if it makes 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 & 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.
Sports Equipment:
Sports can be hazardous enough, with many sports-related injuries reported daily. Sporting equipment is an essential factor in many sports around the globe. Sporting equipment like baseball gloves, weight-lifting equipment, water-sport equipment, and so forth must meet specific guidelines depending on their area. Athletes and bystanders count on the efficiency of these products to ensure overall safety, again, for athletes and those observing.
Jewelry, clothes, and fashion accessories:
There are defects in everyday common items, including toxic jewelry or clothing with allergins causing severe skin damage.
If you have been injured as the result of a defective product, please call our highly skilled and experienced team of California product liability attorneys. For a free consultation and case evaluation, call us at (800) 561-4887.
“A victim can seek in a product liability case or similar as to all personal injury cases money for pain and suffering compensation for lost wages compensation for past medical bills compensation for future medical expenses things of that nature.” – California Trial Attorney Brian Chase.
What is Product Liability insurance?
Product Liability Statute of Limitations in California
Victims of defective products have a limited time to pursue compensation for their injuries.
Time restraint is known as the statute of limitations and varies 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 2 years to file a lawsuit.
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 product 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 of the information you will need to start your case on the right foot.
How are out of pocket expenses determined?
Out of pocket expenses in your personal injury claim are typically determined by the total amount of economic damages that can be proven to be directly related to your accident. This includes your medical bills, lost wages, repair or replacement of damaged property, and other costs related to the accident or injury.
Product Liability Lawsuit
How are out of pocket expenses determined?
Out of pocket expenses in your personal injury claim are typically determined by the total amount of economic damages that can be proven to be directly related to your accident. This includes your medical bills, lost wages, repair or replacement of damaged property, and other costs related to the accident or injury.
Can I sue for emotional distress?
Yes, there can be emotional distress elements in a product liability lawsuit, especially long-term emotional issues such as PTSD and severe anxiety.
What damages are recoverable in a product liability lawsuit?
1. Your medical expenses, including hospital stays, doctor visits, surgeries, and other treatments you undergo.
2. Lost wages due to time away from work for medical treatment or recovery from an injury caused by the defective product.
3. Pain and suffering caused by your injury or illness due to the defective or dangerous product.
4. Funeral expenses if the defective product caused a death. In addition, you can speak with your product liability lawyer to see about the elements of a wrongful death lawsuit.
5. 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.
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, 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 also represent clients who have experienced serious damaging side effects from unsafe prescription drugs.
What About Auto Defect Cases?
The committed and experienced product liability law firm of Bisnar Chase are nationally renowned for winning auto defect cases.
Our team has recovered hundreds of millions of dollars for clients who have been injured or have lost loved ones due to vehicle manufacturer negligence. We handle cases ranging from faulty airbags and tire separation to seatback failures, rollover crashes, and sudden unintended acceleration.
Contact our California Product Liability Lawyers
Our law firm has provided superior representation to clients in a huge number of dangerous product 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.
Brian Chase has spent a large amount of his career going after deceptive and negligent manufacturers, specifically those that have catastrophically harmed consumers.
For more information on a California product liability or defective product case, please call our attorneys at (800) 561-4887 for a free case review.
