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What Are the Consumer Rights for a Defective Item?

California’s strict liability law holds manufacturers, distributors, and retailers liable for defective products that cause harm to consumers even if they weren’t negligent. Manufacturers have an obligation to design and build products that are safe to use for their designated purposes. If the product has defects that cause injuries, the consumer can sue the manufacturer and possibly other parties for product liability damages. 

California residents hurt by a defective item can contact CaseyGerry to speak with a San Diego product liability lawyer. In our more than 70 years of product liability practice, we have represented hundreds of clients who sustained serious injuries. 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. 

Product Liability Claims Can Be Based on Design, Manufacturing, or Marketing Defects 

When you work with a San Diego personal injury lawyer from our firm, their first goal will be to establish how the consumer product caused your injury. They will determine: 

  • Was a design defect the source of your injury such that the design is inherently dangerous and poses undue risks when used for its intended purpose? 
  • Did a manufacturing defect lead to the injury in that, even if the design was inherently safe, a manufacturing mistake exposed you to a risk of severe injury? 
  • If the advertising and marketing materials for the product represented that it was safe, did your reliance on the misleading nature of those materials create harmful risks?

Your detailed description of how you were injured is the first step in your claim. Our in-house investigators will then analyze the product, and our focus group specialists will review all relevant marketing materials. To help us with this analysis, ensure you preserve the product and all related instructions and marketing materials. 

You May Be Eligible for Compensation for a Defective Product Claim 

The damages you can recover in every personal injury case will depend on the nature and extent of your injuries and losses. If the facts demonstrate that a design, manufacturing, or marketing defect was the direct and proximate cause of your injuries, you may be able to recover compensation for: 

  • Your actual and prospective medical bills and expenses 
  • Lost wages because you were unable to work while recovering. 
  • Lost future income if your injuries caused permanent disabilities. 
  • Property damage 
  • Damages for your pain and suffering and emotional distress.

Finally, if the defects were willful or egregious, you may be eligible for punitive damages to deter manufacturers from putting dangerous products into the marketplace.  

Schedule a Free Consultation at  CaseyGerry in San Diego, CA  

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 to defend your rights and achieve a successful resolution. Contact us today for a free consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. 

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No Upfront Fees - CaseyGerry undertakes all the financial risks of litigation. We are only paid if we are successful

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