We naturally expect the products we buy to function properly as the manufacturer and seller have described them. Defects and safety misrepresentations can kill or seriously injure unsuspecting people, and it’s never OK when companies let that happen.
Whether we represent one person in a personal injury lawsuit or a group of people in a class action case, we want to make sure that responsible parties are held accountable. CaseyGerry has led numerous class actions against manufacturers for defects that have hurt, endangered, or killed people. The firm’s attorneys hold leadership roles to ensure that those affected are heard – and justice is served.
Defective Product Liability
Consumer product manufacturers and sellers are held to high standards when it comes to consumer safety. Consumers who have been injured by dangerous and defective products have several legal options for recovering compensation for their injuries and damages. In California, injured consumers generally pursue defective product claims against defendants under a theory of negligence, strict liability, or breach of warranty.
Negligence Claims
To succeed in a negligence claim, the injured party must show that:
- the defendant owed a duty of care to the plaintiff,
- the defendant breached that duty of care, and
- the plaintiff was injured as a result of the defendant’s breach of care.
Proving negligence in defective product cases can be difficult, especially when the defendant is a large manufacturer or retail company. Fortunately, lawmakers recognize that negligence claims are often not practical in defective product cases, and injured consumers have the option to pursue strict liability claims against defendants.
Strict Liability Claims
Individual consumers are at a disadvantage when they go up against large corporate entities, but strict liability claims against manufacturers and sellers make it easier for plaintiffs to recover compensation. Under a strict liability claim, a plaintiff only needs to prove that the product was defective, and the plaintiff was injured as a result. Once plaintiffs provide evidence showing that the product was defective by design, as manufactured, or as marketed, manufacturers and sellers are strictly liable for all resulting injuries and damages.
Breach Of Warranty
Consumer products come with express and implied warranties, and when warranties are breached, injured consumers can make an injury claim for breach of warranty. Express warranties include statements made in marketing materials and representations made by product sellers to consumers.
Implied warranties are presumed rather than expressly stated. For example, every product comes with an implied warranty that the product is fit for a particular purpose. Consumers have the right to assume that the products they purchase are safe when used as expected and intended to be used.
How We Can Help
Our attorneys understand the laws and complexities of product liability cases. Our law firm has more than 70 years of experience in defective product matters, and we have recovered billions of dollars for our injured clients.
We know that financial compensation is critical to your physical recovery, and we will not pursue quick settlements that do not fully compensate you. We make every effort necessary to secure maximum compensation for our injured clients.
With the help of medical and financial experts, we will evaluate the extent of your injuries and damages, including the impacts that your injuries will have on your future. Depending on your losses, recoverable compensation may include medical bills, future medical expenses, lost earnings, diminished earning capacity, pain and suffering, and other damages.
Class Actions For Defective Products
In 2019, CaseyGerry filed a class action against General Motors over Cadillac’s defective CUE infotainment system. Car owners’ CUE systems are delaminating and becoming non-functional. Many displays are breaking after the warranty has lapsed, and the only fix appears to be an expensive replacement. More recently, CaseyGerry filed a class action against Eclipse Recreational Vehicles on behalf of consumers alleging frames in certain RVs are prone to fracture under ordinary use.
CaseyGerry is also currently investigating defects involving ZF-TRW airbags, which can fail in a crash. The issue possibly stems from unwanted electrical signals produced by a crash that can disable the airbag control circuit within the passenger compartment.
Defective Product Class Action Attorneys
If you feel that you have been cheated, treated unfairly, or purchased something that did not conform to representations made by the company, contact us today to schedule a free, no-obligation consultation with one of our class action attorneys. We’ll discuss your experience and how we may be able to help you.
