Have you been injured by a dangerous product in San Diego, CA? Dangerous and defective products are more common than many realize and contribute to all types of accidents and injuries. If you were injured by a defective medical device, bad drug, defective auto part, or dangerous consumer product, you may be entitled to compensation.
Mission Personal Injury Lawyers, P.C. has fought for consumers hurt by dangerous products for over 25 years. Contact our law firm in San Diego, CA, at (619) 777-5555 for a free case review with a San Diego product liability lawyer ready to fight for the compensation you deserve.
How Mission Personal Injury Lawyers, P.C. Can Help if You Were Hurt by a Dangerous Product in San Diego, CA
Defective products cause millions of injuries and tens of thousands of deaths every year. Manufacturers, designers, and sellers should be held accountable when their dangerous products cause you injury. However, product liability is an incredibly complex area of law. Manufacturers fight back aggressively as they may risk costly class-action lawsuits.
When you are hurt by a dangerous product, you deserve a San Diego personal injury lawyer experienced in product liability cases. Mission Personal Injury Lawyers, P.C. has over two decades of legal experience representing clients in San Diego, California. Our attorneys have been recognized as “Super Lawyers” by their peers and Top Trial Attorneys by the National Trial Lawyers.
When you hire Mission Personal Injury Lawyers, P.C. to represent you in your product liability case, you can depend on us to:
- Examine your case to determine how and why the product was defective
- Determine if your case qualifies for strict liability or negligence
- Investigate whether others have suffered similar injuries from the product in contemplation of a class-action lawsuit
- Work with specialists for expert testimony to make the strongest case possible
- Negotiate on your behalf to pursue a settlement offer that fairly compensates you
- Present a compelling case to a jury if necessary to seek the full compensation you deserve
Mission Personal Injury Lawyers, P.C. has the legal experience and expertise needed to handle complicated product liability cases. Contact our law firm for a free consultation with a San Diego dangerous product lawyer to begin discussing your case.
How Common Are Dangerous Products in California?
When we purchase consumer products, drugs, or medical devices, we trust that the products will be reasonably safe. Sadly, this is not always the case.
The following statistics shed light on just how dangerous defective products are and how many injuries they cause:
- Unsafe products are linked to more than 46,000 deaths and 40 million injuries in the U.S. every year.
- The cost of consumer-product related injuries is estimated at $1 trillion per year or $2,800 for every American.
- Between 2008 and 2010, injuries related to consumer products accounted for 44% of all nonfatal injuries requiring ER treatment and 29% of all fatal accident injuries in the U.S.
- In 2018, there were 1,000 auto recalls of products like seat belts and air bags, which affected 35 million consumers.
- In 2017, over 100,000 injuries and 70 deaths were linked to products for children like playpens and cribs.
- One-third of FDA-approved prescription drugs reach consumers with unidentified side effects.
- Dangerous medical devices caused 1.7 million injuries and 83,000 fatalities between 2008 and 2017. One of the most common causes of these recalls was software problems.
Numerous federal agencies oversee foods, consumer products, medications, devices, and more to protect consumers from unsafe products. This includes the FDA, the NHTSA, the EPA, and the CPSC. Together, they operate recalls.gov to alert consumers about potentially dangerous products and goods through recalls.
It isn’t always easy for consumers to know where to turn for recall information. The CPSC oversees toys, nursery equipment, and other consumer products. The NHTSA, however, oversees child car seats, motorcycles, and cars. Yet, Mopeds and ATVs are under the scope of the CPSC.
Not all defective or dangerous products are even recalled. Sometimes there are thousands of injury reports before a recall is even issued. Importantly, you may have a case if a defective product injured you, even if it has not been recalled.
Overview of Products Liability Law in California
California product liability law holds parties accountable when a dangerous or defective product causes injury. Manufacturers, distributors, retailers, designers, and sales outlets can all be held strictly liable when the defective products they design, make, market, and sell hurt someone.
California holds anyone who designs, manufactures, or sells a defective product strictly liable for defects. This is crucial because most personal injury claims require proving negligence, recklessness, or intentional misconduct.
What is considered a defective product?
In a San Diego product liability case, manufacturers can be held liable for three types of defects:
- Defective design. A design flaw is a defect inherent in the product’s design. For example, the Takata airbags were defectively designed. A design defect caused the airbags to deploy explosively in certain conditions. At least 16 deaths were caused by the airbags.
- Manufacturing defects. These defects happen when there is a mistake during the manufacturing process. It may affect one or more products in a line. Medication that becomes contaminated is an example of a manufacturing flaw.
- Failure to warn or marketing defects. Manufacturers and marketers can be strictly liable when they do not provide adequate instruction or warning. If a risk is obvious or predictable, a party is not generally liable for failure to warn.
All three types of defects can apply in strict liability cases. It is not necessary to prove the party who designed, manufactured, or sold the product was negligent in any way. However, negligence can still play a role in product liability cases when these defects are not involved.
Mission Personal Injury Lawyers, P.C. Handles All Types of Product Liability Cases in San Diego, CA
At Mission Personal Injury Lawyers, P.C., we know all too well that nearly any type of consumer product, automobile, medication, or medical device can be defective or dangerous.
Our San Diego product liability lawyers represent consumers injured by all types of dangerous products:
- Child product such as car seats, cribs, and playpens
- Dangerous drugs
- Machinery, tools, and equipment
- Medical devices
- Vehicle components, including airbags, brakes, and seat belts
If you have been injured by a product that you believe was defective or unreasonably dangerous, contact our law office today. We will help you explore whether you have a product liability claim.
What Is My Product Liability Case Worth?
All product liability claims are different. It is impossible to estimate the value of any case without a careful review of the circumstances.
Factors that may impact the value of product liability cases include:
- The type of defect and product and the cause
- Whether you contributed to your injuries
- Whether the injury left you impaired, disabled, or disfigured
- The type and severity of injuries you sustained
- Whether you have a case under strict liability or negligence
- How many people were affected and whether your case qualifies for a class action lawsuit
- The specific circumstances of your injury
According to Thomas Reuters Jury Verdict Research data, the average jury award for product liability personal injury cases in 2018 was $1.669 million. The median award was $100,000.
While this average may be helpful, remember that every case is unique: some cases may only be worth a few thousand while others are worth millions. This only considers the average for cases that reached a jury verdict. Most product liability cases settle outside of court, and settlements are private.
The best way to determine how much your case is worth is by contacting a San Diego products liability attorney for a free consultation.
What Compensation Can You Pursue in a Product Liability Case in San Diego, California?
This may include money for:
- Property damage
- Current and future medical bills related to your injuries
- Lost wages and diminished earning capacity if impaired or disabled
- Pain and suffering
- Mental anguish
- Emotional distress
The San Diego defective product lawyers at Mission Personal Injury Lawyers, P.C. will fight for the full compensation you deserve. Do not accept a settlement offer from an insurance company without speaking with an attorney about your case.
We Will Fight for Full Compensation for All the Defective Product Injuries You Sustained
Defective products can cause minor, serious, or even fatal injuries. Mission Personal Injury Lawyers, P.C. will help you pursue maximum compensation for your injuries.
This includes the financial, psychological, and physical impact of injuries such as:
- Brain injuries
- Eye injuries
- Facial injuries
- Broken bones
- Spinal cord injuries
- Internal injuries
Contact our law office today to schedule a free consultation to discuss your case. We will help you explore the damages you may be entitled to recover for your injuries.
How Do I Prove a Product Liability Case in San Diego, CA?
California law holds anyone who manufactures, designs, or sells defective products strictly liable for injuries their products cause. If your case falls under California’s strict liability law, you do not need to prove negligence.
To prove a product was dangerous, the consumer expectations test may be used. A jury can infer that a product is defective if it does not meet a consumer’s reasonable expectations. This test is usually used for products that are not very complex in which consumers have some expectations.
The risk/benefit test may also be used. Under this test, a product is considered defective if it has a design that has unreasonable but foreseeable dangers that could have been avoided at a reasonable cost. This test is more stringent and generally requires expert testimony.
Some product liability cases do not fall under strict liability law and instead must rely on negligence. These claims allege that the manufacturer violated an obligation to provide a product that was reasonably safe to use. A negligence-based case requires proving reckless or purposeful behavior that caused the dangerous product to be available to consumers.
How Long Do I Have to File a Product Liability Lawsuit in California?
Under California law, you have just two years to file a lawsuit from the date of your injury. There are little exceptions to this statute of limitations. However, it is extended if your injuries are not immediately apparent or linked to a dangerous product. This commonly involves defective medical devices and dangerous drugs.
Do not delay pursuing your product liability case. A delay may weaken your claim or bar you from recovering any compensation. Contact a San Diego products liability lawyer at Mission Personal Injury Lawyers, P.C. today.
Contact a San Diego Product Liability Lawyer for a Free Consultation
When you or someone you love is left injured due to a dangerous product, the manufacturer should be held accountable. Mission Personal Injury Lawyers, P.C. will help you pursue justice and fair compensation for your injuries so you can move forward with your life.
Call our law office today to schedule your free case review with a compassionate San Diego product liability lawyer. We work on a contingency fee basis. You pay nothing out of pocket and no attorney’s fees unless we recover compensation for you.