PERSONAL INJURY | PRODUCT LIABILITY | DANGEROUS AND DEFECTIVE PRODUCTS | DESIGN | MANUFACTURE | DISTRIBUTION | FREQUENTLY ASKED QUESTIONS
If you have been injured because of the design or manufacture of a product, you may have many questions about how you get compensation for your losses. This page is designed to answer basic questions about product liability, so that you will take the action necessary to contact an experienced lawyer and protect your rights.
At Blackman Legal Group, we have focused our practice exclusively on personal injury, including product liability, since 1977. We offer extensive knowledge and experience, and meticulously prepare every case we handle, carefully investigating every detail of your claim. Because of our skill, experience and knowledge, our lawyers often settle personal injury claims at or above policy limits. We have also secured numerous settlements and verdicts in excess of $1 million.
We offer a free case evaluation in all product liability matters.Contact Blackman Legal Group by e-mail or call our office at 415-585-5200 (toll-free at 866-692-8126) to set up an appointment.
WHAT YOU NEED TO KNOW ABOUT PRODUCT LIABILITY
- What is product liability? The designer, manufacturer or distributor of a product has a duty to take all reasonable measures to ensure the safety of any potential user of the product. There must also be adequate product safety warnings to minimize the risk of injury. An injured person may recover for losses caused by a manufacturing defect, a design defect or insufficient instructions or warnings.
- What do I need to prove to recover for my losses? In most states, product liability cases are strict liability claims, rather than negligence claims. Under a theory of strict liability, an injured person does not need to show fault by a designer, manufacturer or distributor, only that the product was defectiveand that the injury was a result of the defect.
- What types of losses can I recover for? In a product liability claim, you can potentially recover for four different types of injuries. You may recover compensatory damages for lost wages or income, medical bills or any property loss. You can recover for pain and suffering resulting from your injury. You can seek damages for loss of consortium if the injury negatively affected your relationship with your spouse. In some situations, you may also be able to recover punitive damages if the court determines that the defendant’s acts were intentional, and that there is a desire to punish the conduct as a disincentive to others to engage in that type of activity.
- Who can be held responsible for my losses? Anyone within the chain of distribution can be liable, from the designer to the manufacturer to a wholesaler, retailer or repair person.
- How much will it cost me? Because most product liability cases are taken on a contingency basis, there are no attorney fees unless you get compensation for your losses. You may, however, be required to pay fees incurred by your attorney, such as expert witness fees, filing fees and court reporter costs.
- How soon do I have to file my lawsuit? The statute of limitations requires that you file your lawsuit within a certain period of time. The statute of limitations is set by state law and is 2 years for product liability claims in California, Nevada and Arizona. The time period does not normally start until you either know of or have reason to know of your injury. Regardless, you should contact a lawyer as soon as possible, so that you can preserve all evidence supporting your claim.
We handle all product liability on a contingent fee basis. We will only charge you attorney fees if we recover compensation for your losses.
CONTACT BLACKMAN LEGAL GROUP
We offer a free case evaluation to people injured in a deck collapse. For an appointment, contact us by e-mail or call our office toll-free at 866-692-8126. We have offices throughout California. To find the location nearest to you, see our Office Locations page.