Consumers expect companies to design and test products carefully so that they are safe to use. Unfortunately, manufacturers sometimes let defective products onto the market – products that can harm unsuspecting consumers. If you have been injured by a defective product, you may be eligible to seek compensation for the harm you’ve suffered. Big corporations and their insurers will fight hard to avoid financial liability after a serious accident. An experienced product liability attorney at Sam & Ash Injury Law can help you hold the manufacturer accountable and demand What’s Right.
Sam Mirejovsky and Ash Watkins have a track record of successfully advocating for injury victims in Orange County, California. Through years of experience, we have observed that the best outcomes are achieved when attorneys truly care about the well-being of their clients. Our commitment to our clients has helped us secure more than $400 million in settlements and court awards to date. It also informs our civic involvement and focus on giving back to the communities we serve to make them safer places to live, work and raise families.
If you have been injured by a dangerous or defective product, contact the Orange County product liability attorneys at Sam & Ash Injury Law today for a free, confidential case review.
What You Need To Do if Harmed by a Defective Product
If you have been harmed by a defective product, there are steps you can take to protect your legal rights. We recommend that you do the following:
- Take photos or video of the scene where the incident occurred, the defective product itself, and any visible injuries you suffered.
- Seek immediate medical attention to have a doctor diagnose your injuries. A medical diagnosis provides a record of the harm you suffered due to a defective product. Follow your doctor’s treatment plan and keep your follow-up appointments.
- Preserve the defective product that injured you, if safe to do so, including instruction manuals, packaging, and purchase receipts if you still have them.
- Gather copies of your medical records and invoices related to the medical treatment of your injuries.
- Hold on to income records or paystubs if you miss work due to your injuries.
- Avoid discussing the accident or your injuries on social media. Do not post photos or videos of yourself engaging in activities if you’ve claimed to have suffered debilitating injuries. Do not post anything negative about the product’s manufacturer or the insurance company handling your product liability claim.
- Contact an experienced product liability lawyer to evaluate your claim. Under California law, you typically have two years from the date you suffered an injury due to a defective product to file a lawsuit or two years from the date you discovered your injury. However, waiting limits your options and the ability of your attorney to gather necessary evidence. You should always call an attorney as soon as possible after a defective product injury occurs.
How Our Orange County Lawyers Help Injured Consumers
At Sam & Ash Injury Law, our Orange County lawyers advocate for the rights of injured consumers. We help clients harmed by defective products by taking the following steps:
- Investigating the circumstances of consumer product injuries and seeking evidence we can use to build a robust case
- Working with accident reconstruction specialists to explain how a product that caused an injury was unsafe or defective
- Sitting down with clients to discuss their needs and legal options
- Keeping clients informed and promptly returning their calls and emails
- Ensuring that clients receive the specialized medical care they need to recover to the fullest extent possible from their injuries
- Calculating the compensation needed for a full financial recovery
- Identifying parties who can be held financially liable for the defective product
- Communicating with insurers, and defense lawyers so our clients can focus on their treatment and rehabilitation
- Pursuing maximum compensation through a negotiated settlement or by taking a case to trial
Why Choose Sam & Ash Injury Law To Seek Justice for Your Injuries From a Defective Product?
Choosing the right lawyer for your product liability claim can make a significant difference in the outcome of your case. You deserve an experienced attorney who can provide effective legal representation and seek the compensation you need. Clients across Orange County turn to the personal injury attorneys at Sam & Ash Injury Law for help with their defective product claims. We offer:
- Personalized service in every case – We know that one-size-fits-all solutions will never get you the full compensation you deserve. We take the time to listen to your story and develop a strategy to achieve the desired results.
- A track record of success – We have secured more than $400 million in verdicts and settlements for injury victims across California and Nevada.
- Consistent communication and responsiveness – Our legal team is available via phone or email 24/7. We provide clients with frequent updates on the progress of their claims.
- Fair legal fees – You won’t owe us any fee for representing you unless we secure compensation for you through an insurance settlement or court award. Our interests are aligned with yours. We believe everyone deserves top-quality legal representation regardless of their financial means.
Types of Product Defects
There are three general categories of product defects:
- Design defects – A design defect occurs when a product’s inherent specifications make it unreasonably dangerous to use for its intended purposes. Sometimes, a safer alternative design may exist. Design defects typically affect all examples of a product sharing defective specifications.
- Manufacturing defects – A manufacturing defect happens when some error occurs during the fabrication or manufacturing process that results in a product that does not conform to the specifications, rendering it unreasonably dangerous for use. Manufacturing defects may affect only one example of a product or the entire production run of the product.
- Marketing defects – A marketing defect occurs when a consumer is not provided with sufficient instructions for the safe use of the product or adequate warnings of the risks of injury associated with the use of the product.
Who Can File for a Product Liability Claim in California?
Anyone injured by a defective product in California through no fault of their own may have a right to file a product liability claim. A patient harmed by a dangerous medication or a defective medical device for example may pursue a claim against the product manufacturer. The injured victim does not have to be the person using the product when the accident occurred. You may still file a product liability claim even if you were injured when another person was using a defective product.
For instance, you may have a claim if you were injured while riding in someone’s unsafe vehicle. You can file a product liability claim if you were injured by a defective product you acquired second-hand. However, in that case, your claim may be limited to the product’s manufacturer rather than the individual who sold you the product second-hand.
Determining Liability for Injuries From a Defective Product
California product liability law applies strict liability for defective products, which means that a company can be held liable for injuries caused by their product simply because it was defective. In other words, a company does not need to have committed negligence in designing, manufacturing, or selling the product to be liable.
Examples of parties who can be held liable for injuries caused by defective products include:
- Manufacturers, including manufacturers of components used in a product such as suppliers of components used in manufacturing automobiles
- Wholesalers or distributors, if the defects occurred while the product was in the company’s possession
- Retailers, if there are marketing defects
Potential Damages in a California Product Liability Injury Claim
A product liability injury claim allows you to pursue compensation for the injuries and losses you incur due to a dangerous or defective product. When filing a product liability lawsuit, you may seek compensation for the following types of financial and personal losses:
- Medical costs related to treating your injuries, including emergency care, hospitalization, surgeries, prescription medications, doctor’s appointments, medical equipment, or physical or occupational therapy
- Long-term disability care expenses, including home health care or home renovations to install disability accommodations
- Loss of income if you cannot work while recovering from your injuries
- Loss of future earning capacity if your injuries lead to a disability that prevents you from returning to work
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment or quality of life due to permanent disability, visible scarring, or disfigurement
- Costs of repairing personal property damaged by the defective product
Schedule a Free Consultation Today with Our Orange County Attorneys
At Sam & Ash Injury Law, we have the experience and resources to hold corporations accountable for injuries caused by their dangerous and defective products. We can help you pursue the compensation you deserve for medical bills, lost wages, and other expenses. Contact our office to schedule a free consultation today with our Orange County product liability attorneys to discuss your case in detail.