Walnut Creek Product Liability Attorney
The average person comes in contact with hundreds of products in a single day. As a consumer, you may assume that the products you use and interact with have been tested by the brand and are safe. Unfortunately, many manufacturing companies put their bottom lines over consumer safety, resulting in dangerous and defective products reaching the shelves.
If you or a loved one has been injured by a defective product, you may have the right to file a product liability lawsuit in pursuit of financial compensation. Milanfar Law Firm, PC can help. Our Walnut Creek product liability lawyers can guide you through the claims process while making sure that you and your family have everything you need to recover.
What Is a Product Liability Claim?
A product liability claim is a civil lawsuit filed on behalf of an injured victim against the company or entity responsible for a defective product. The purpose of a product liability lawsuit is to hold a manufacturer or seller liable, or financially responsible, for allowing a defective product to get into the hands of a consumer. It is a means of making the victim whole again. Most product liability claims are based on the legal theories of strict liability, negligence, or breach of warranty.
Strict product liability means that a manufacturer is responsible for the injuries or harm caused by a defective product, regardless of whether the manufacturer did something wrong. Strict liability protects consumers by making it easier to go up against large and powerful companies. Using the doctrine of negligence requires proof that the manufacturing company failed to use proper care in creating an item. Breach of warranty means that the manufacturer failed to fulfill a promise that it made to consumers.
Three Types of Product Defects
To use the legal doctrine of strict product liability, the item that injured you must contain one of three main types of product defects:
- Design flaw. A design flaw is an issue with the planning of a product that leads to a safety hazard, such as designing a three-legged chair that tips over when used.
- Manufacturing error. A manufacturing error is anything that goes wrong during the creation or assembly of a product, resulting in a dangerous item. An example is a batch of food that is contaminated with bits of metal from broken machinery.
- Marketing mistake. A marketing mistake is an issue with how a product is advertised or labeled to the public, such as a child’s toy that is a health hazard for infants but does not warn parents that it is for ages 3+ only.
Evidence of one of these defects can make a manufacturer liable for your personal injury or illness, even without proof of negligence or fault.
Do You Need an Attorney?
A product liability lawyer in Walnut Creek can thoroughly investigate your case to determine the correct legal doctrine for your lawsuit. Then, your lawyer can collect evidence to support your cases, such as witness statements or an accident report. Hiring a lawyer to represent you can allow you to concentrate on healing while a legal professional handles the claims process on your behalf. This can give you greater mental peace during a difficult time in your life. Trusting a lawyer with settlement negotiations can also help ensure a fair settlement from an insurance company.
Get Help From Our Walnut Creek Lawyers Today | Free Case Reviews
Being injured by a defective product can be painful and overwhelming as a victim. However, you do not have to recover alone. The attorneys at Milanfar Law Firm, PC can make the recovery process easier and more effective. Our product liability lawyers have more than 20 years of experience representing clients and helping them move forward. We have the resources, technology, and legal knowledge to help you build a strong claim against a product manufacturer or distributor.
Learn more about your product liability case during a free and no-obligation case evaluation today. Contact us online or call (925) 433-6003 to speak to an attorney.