When you purchase a product, you trust that it is safe to use. However, defective products can cause serious injuries or even death. From faulty household appliances to dangerous pharmaceuticals, product defects can be devastating for consumers. If you or a loved one has been injured by a defective product, an experienced product liability lawyer can help you seek compensation from the manufacturer, distributor, or retailer responsible for the defect.

At Knapp Moss, we are dedicated to holding manufacturers accountable for producing dangerous products. Our team of experienced attorneys has successfully represented victims in a wide range of product liability cases, ensuring that they receive the compensation they deserve for their injuries.

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, retailers, or suppliers for injuries caused by defective or unsafe products. Under California law, companies that design, manufacture, or sell products must ensure that their products are safe for consumers. When a product defect leads to injury, these companies can be held liable through a product liability lawsuit.

Unlike other personal injury cases, product liability claims are often based on strict liability. This means that the injured party does not have to prove that the manufacturer or seller was negligent—only that the product was defective and caused harm.

Why You Need a Product Liability Lawyer

Product liability cases are often complex, requiring extensive investigation and the ability to navigate intricate legal standards. Manufacturers and large corporations have powerful legal teams and insurance companies working to minimize payouts. To stand a chance of securing the compensation you deserve, it’s essential to have an experienced product liability lawyer on your side. Here’s why hiring a lawyer is crucial:

• Identifying Defendants: A product may pass through several hands before it reaches the consumer, including designers, manufacturers, distributors, and retailers. An attorney will help identify all potentially liable parties and ensure they are held accountable.
• Proving the Defect: In product liability cases, you must prove that the product was defective and that the defect caused your injury. Your lawyer will work with expert witnesses and investigators to gather the evidence needed to establish the defect and link it to your injury.
• Maximizing Compensation: Product liability injuries can lead to significant financial losses, including medical expenses, lost wages, and long-term care costs. An attorney can ensure that your damages are accurately calculated and that you receive fair compensation for both economic and non-economic losses.
• Handling Large Corporations: Manufacturers often have substantial resources to fight product liability claims. Your lawyer will handle negotiations with these companies and their insurance providers, protecting you from lowball offers or attempts to shift the blame.

Types of Product Defects in Liability Cases

Product liability claims typically fall into three main categories: design defects, manufacturing defects, and failure to warn (marketing defects). Understanding the type of defect involved in your case is essential to building a strong claim.

• Design Defects: A design defect occurs when a product is inherently dangerous or flawed due to its design. Even if the product is manufactured correctly, its design makes it unsafe for normal use. For example, a car with a high center of gravity that makes it prone to rollover accidents may have a design defect. In these cases, the entire line of products may be deemed defective.
• Manufacturing Defects: A manufacturing defect occurs during the production process, meaning that the product was designed correctly, but a mistake occurred while it was being made. This could involve using substandard materials, improper assembly, or contamination during production. A batch of medication that becomes tainted during production or a power tool with missing safety features are examples of manufacturing defects.
• Failure to Warn (Marketing Defects): Failure to warn, or marketing defects, arise when a product is dangerous due to inadequate labeling, instructions, or warnings about potential risks. For instance, if a pharmaceutical company fails to provide proper warnings about potential side effects, or a cleaning product lacks clear safety instructions, the manufacturer may be liable for injuries caused by these marketing defects.

Common Products Involved in Liability Claims

Product liability claims can involve nearly any type of product, from everyday household items to industrial machinery. Some of the most common products involved in liability cases include:

• Automobiles and Auto Parts: Defective car parts, such as faulty brakes, airbags, or tires, can lead to serious accidents. Auto manufacturers may be held liable for injuries caused by design or manufacturing defects in vehicles.
• Medical Devices: Defective medical devices, such as hip implants, pacemakers, or surgical mesh, can cause severe injuries or health complications. Patients harmed by these products may have grounds for a product liability claim against the device manufacturer.
• Pharmaceuticals: Dangerous drugs with undisclosed side effects or improper dosage instructions can lead to life-threatening conditions. Pharmaceutical companies may be liable for failing to properly warn patients or doctors about the risks of their products.
• Children’s Toys and Products: Defective toys or baby products that pose choking hazards, contain toxic substances, or have other dangerous defects can lead to serious injuries or death. Manufacturers of children’s products are held to particularly high safety standards due to the vulnerability of their users.
• Household Appliances: Defective appliances, such as faulty kitchen equipment, space heaters, or power tools, can cause fires, electrocutions, or other accidents. Manufacturers, retailers, or distributors may be held liable for injuries caused by these defective products.
• Industrial Equipment: Workers who use heavy machinery and equipment may suffer catastrophic injuries due to defective machinery. Employers, equipment manufacturers, or third-party service providers may be liable in cases where faulty equipment leads to workplace injuries.

Common Injuries in Product Liability Cases

Injuries caused by defective products can range from minor injuries to catastrophic harm, depending on the nature of the product and the severity of the defect. Some of the most common injuries in product liability cases include:

• Burns and Fires: Defective electrical products, space heaters, or other appliances can cause fires, leading to severe burns or property damage. These injuries often require long-term medical care and may result in permanent scarring or disfigurement.
• Head and Brain Injuries: Defective safety equipment, such as helmets, can fail to protect users from head trauma during accidents, leading to traumatic brain injuries (TBI). These injuries can result in cognitive impairments, memory loss, and long-term disability.
• Spinal Cord Injuries: Defective vehicles or machinery can cause accidents that result in damage to the spinal cord, leading to partial or complete paralysis. Victims of spinal cord injuries often require lifelong care and rehabilitation.
• Choking and Suffocation: Small parts in defective toys or poorly designed products can pose choking hazards, especially for children. These incidents can lead to suffocation, brain damage, or death.
• Poisoning or Toxic Exposure: Defective products that contain toxic chemicals, such as contaminated food or hazardous materials, can cause poisoning or long-term health problems. Victims may suffer from chronic illnesses or require ongoing medical treatment.
• Lacerations and Amputations: Defective machinery or tools can lead to accidents resulting in deep cuts, lacerations, or even amputations. These injuries may require extensive surgeries and rehabilitation, and they can lead to permanent disability.

How a Product Liability Lawyer Can Help You

Hiring an experienced product liability lawyer can significantly improve your chances of receiving fair compensation for your injuries. Here’s how a lawyer can assist you in building a strong case:

• Conducting a Thorough Investigation: Your lawyer will conduct a detailed investigation into the defect, including gathering evidence, consulting expert witnesses, and reviewing product designs, manufacturing processes, and testing protocols.
• Filing a Lawsuit: If negotiations with the manufacturer or insurance company fail to result in a fair settlement, your lawyer will file a product liability lawsuit on your behalf. Your attorney will handle all legal aspects of the case, allowing you to focus on your recovery.
• Proving the Defect: Product liability claims require evidence that the product was defective and that the defect directly caused your injuries. Your lawyer will work with experts to prove that the product was unreasonably dangerous and that the manufacturer or distributor failed to ensure its safety.
• Calculating Damages: Defective product injuries can result in significant financial losses, including medical bills, lost wages, and pain and suffering. Your lawyer will ensure that your damages are accurately calculated and that you receive full compensation for your losses.
• Negotiating with Manufacturers and Insurers: Manufacturers and their insurance companies often try to minimize payouts in product liability cases. A skilled attorney will negotiate on your behalf to secure the compensation you deserve.

Compensation in Product Liability Cases

Victims of defective products may be entitled to several types of compensation, depending on the nature and severity of their injuries. Common types of compensation in product liability cases include:

• Medical Expenses: This includes compensation for past and future medical bills, surgeries, rehabilitation, and any ongoing medical treatment required due to the defective product.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income. In cases of permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: Victims of defective product injuries often endure significant physical pain and emotional distress. Compensation for pain and suffering is intended to account for the non-economic impact of your injuries.
• Punitive Damages: In cases where the manufacturer’s conduct was particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling complex product liability cases throughout California. Our legal team is committed to providing personalized, client-focused representation, ensuring that your rights are protected, and that you receive the compensation you deserve. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has been injured by a defective product, you need an experienced product liability lawyer to help you hold the responsible parties accountable. At Knapp Moss, we are dedicated to fighting for justice on behalf of our clients. Contact us today for a free consultation and let us help you secure the compensation you deserve.