What are my rights after an injury caused by a defective product?

When buying a new product, we hope it is just what we need without presenting problems or defects. Unfortunately, however, on some occasions, these do fail, even causing accidents. These accidents, in turn, can cause injury to the person who was using the new product at the time, resulting in medical or property expenses.

Within the California Product Liability Law, it is established that any company or responsible party that has participated in the production, distribution, or sale of a product will also be responsible for the accidents caused by their product. Regardless of whether or not negligence was committed. This allows the injured person to receive compensation for their medical bills by taking the case to court.

Within the California Product Liability Law, there are three different types of defects to find someone guilty or sue for negligence, these are:

  1. Inadequate product design.
  2. Lack of signs or warnings regarding the proper use of the product or the accidents that it could cause.
  3. A defect in the production of the object.

The maker or seller of the product should warn that it should be used with caution. If this is not the case, they are creating a risky situation for the users, and, as such, they will be found guilty of negligence within the law.

To declare a company or individual guilty, whoever has been injured must prove that a specific product caused their injury. This is why it is advisable to hire a lawyer who can help gather the necessary evidence and resolve any doubts since these cases can be somewhat complex.

The type of evidence that must be presented to the authorities will depend on the product since this lawsuit can proceed in the food and medical industry and, of course, in objects such as computers, cell phones, etc. However, by gathering the documentation your attorney recommends, you will be able to recover the compensation you deserve for your hospital bills, medications, or even damages to your private property.

Contact one of our attorneys at Herrera Law. We can help.

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