In our more than 70 years as a plaintiffs’ law firm, CaseyGerry’s personal injury and product liability lawyers have successfully handled defective products cases for hundreds of clients throughout Southern California and beyond. Our San Diego personal injury attorneys have played a leading role in holding manufacturers responsible for unsafe products they have placed on the market – from automobiles and airplanes to treadmills and tools.
If the injury or wrongful death was due to defective product design, manufacturing or defective component parts on the part of a U.S. manufacturer, CaseyGerry’s defective product attorneys will take charge – and pursue justice.
Consumers face product liability risks each and every day. When someone is harmed by the use of a product with inherent defects, that person can seek damages – whether he or she was the owner, someone to whom the product was loaned or given, or who was required to use the product as part of their work.
At CaseyGerry, we believe manufacturers must be held fully responsible for unsafe and defective products they have placed on the market.
Whether the product is a defective brake system in a car, improper construction in a building, a child’s pajamas that catch fire or a faulty golf cart – if it causes injury or wrongful death, damages can and should be sought. A design flaw or the manufacturing process can cause a defect or injuries can result from such variables as improper or inadequate instructions or lack of warning about a product’s dangers. Whatever the cause, product liability laws put the responsibility on all members of the distribution chain, from the designer to the retail store.
It is not about whether the manufacturer or supplier exercised appropriate care or not – it is about whether someone was hurt or died as a result of a defective product.
Electronic commerce (‘e-commerce’) companies like Amazon and eBay provide a platform for online consumer product sales. Many of the purchases involve third-party sellers. When third parties sell defective products, e-commerce companies typically deny liability and claim that strict liability does not apply to them because they did not sell the defective product.
Attorneys at CaseyGerry have experience representing injured clients in claims against e-commerce companies. Our attorneys have successfully challenged their denial of liability and argued that e-commerce companies that act like sellers should be strictly liable for defective products sold on their platforms.
Whether you purchased a product online or in-store, if consumer product defects caused your injuries and damages, you may be entitled to compensation. As previously mentioned, California’s laws are favorable to injured consumers, and manufacturers and sellers are held to a high standard of care.
Depending on your case circumstances, recoverable compensation in a defective product case may include the following:
If you lost a loved one due to defective product injuries, you might have a claim for compensation under a wrongful death claim. The estate may also be entitled to survival action compensation for the losses your family member suffered before his or her death.
A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. It need not be the owner of a product – someone to whom the product was loaned or given, or who was required to use the product as part of his or her work would also be eligible.
The plaintiff’s citizenship or immigration status is not an issue in a products liability case. CaseyGerry has represented Mexican citizens, Mexican nationals living in the U.S., and undocumented immigrants who have been harmed by defective products manufactured and/or sold in the U.S.. Where the product failure occurred is also not a factor.
While products are generally taken to mean as tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.
What kinds of product liability are there?
A product can be defective by its design, its manufacture or its marketing. A product can be poorly designed so that it fails to discharge its intended function and by its failure causes harm to its user. A properly designed product can have defects in its manufacturing that make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fails to warn consumers of dangers inherent in the product.
Is there any national product liability law?
No. Product liability is determined by state law.
We are the only firm in San Diego to have an in-house team of investigators as well as focus group capabilities – and to conduct extensive research and retain top industry experts. With decades of experience and a proven track record, we have the financial resources necessary to defend your rights and achieve a successful resolution. Contact us today for a free consultation.