Defective Product

The Schenk Law Firm recognizes the serious consequences that can arise when trusted products fail due to defects. From hazardous electronics and children’s toys to unsafe medical devices, defective products can result in significant injuries and financial losses.

Our firm is dedicated to holding those who design, manufacture, distribute, and sell defective products accountable and securing fair compensation for victims. With more than 40 years of extensive experience having tried and settled many hundreds of product liability cases, we fight to ensure you receive the compensation to which you are entitled for your injuries, medical expenses, and emotional distress.

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Elements of Product Liability

Each type of product liability claim requires proof of slightly different elements. In general, however, to prevail on a claim for product liability in California, you must prove four things:

That the defendant designed, manufactured, distributed, or sold a defective product;
That the product contained the defect when it left the defendant’s possession;
That the consumer used the product in a reasonably foreseeable manner; and
That you suffered harm as a result of the defect.

Strict Liability

Under California law, if a product is more dangerous than it should be – or it contains inadequate warnings – whoever designs, makes, distributes, and/or sells the defective product may be held strictly liable for any injuries that result when the product is used in a reasonably foreseeable way. This means that the defendant can be held liable for injuries caused by that product even when the person or company was not necessarily negligent in causing the injury.

Reasonably Foreseeable

California law requires product designers, manufacturers, distributors, and retailers to anticipate how the average consumer will use — and even misuse — a product. If the way a consumer uses or misuses the product was reasonably foreseeable and such use or misuse injures you, the defendant(s) may be held strictly liable.

This does not necessarily mean the manufacturer, designer, distributor, and/or retailer must completely eliminate a danger. Many useful, everyday products are inherently dangerous when misused.

People who design, manufacture, distribute, and/or sell dangerous products must take reasonable precautions to minimize the harm that may result from them. Depending on the circumstances, this can involve designing or manufacturing a product, or simply inspecting the product or issuing adequate warnings about its dangers.

A jury must determine whether the defendant took reasonable precautions and whether your use of the product was reasonably foreseeable.

Common Defenses

Defenses to product liability lawsuits may include:

The defendant was not the one who designed/manufactured/distributed/sold the product;
The product was not defective;
The product was not defective at the time it left the defendant’s possession;
Someone else altered or repaired the product negligently;
The consumer used the product in a way that was not reasonably foreseeable;
You did not prove any injuries;
Something else caused your injuries;
Your negligence caused the injuries.

Why Choose The Schenk Law Firm?

Extensive Experience: Our attorneys have a proven track record in handling complex defective product cases. We have successfully represented many hundreds of clients against large corporations both in trial and through settlements, ensuring they receive the compensation they deserve for their injuries and losses. Our experience allows us to tackle even the most challenging defective product cases.
Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You are not just another case. We take the time to understand your story and craft a legal strategy that is tailored to your specific needs. We work closely with you to develop a goal aimed at achieving the most deserving outcome.
Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Our firm is known for its aggressive representation, unafraid to take on large companies to ensure you are compensated fairly for your losses.
Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence, including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
Compassionate Support: We understand the physical and emotional toll that a defective product injury can take on your life. For more than 45 years, lawyers at The Schenk Law Firm have provided empathetic support throughout the legal process, ensuring you are informed and involved at every stage.
No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Types of Defective Products

Defective products come in many forms, and the consequences of these defects can be severe. Common types of defective products include:

Automobile Defects: Vehicles with faulty brakes, airbags, or other safety features can lead to serious car accidents and injuries.
Medical Devices: Defective medical devices such as hip implants, pacemakers, and surgical instruments can cause severe health complications, often requiring additional surgeries to correct.
Pharmaceuticals: Medications that are improperly tested or have undisclosed side effects can cause harm, sometimes leading to life-threatening conditions.
Household Products: Items like appliances, furniture, and tools that malfunction can lead to injuries such as burns, cuts, or electric shocks.
Children’s Products: Toys, cribs, and car seats that are poorly designed or manufactured can pose serious risks to children, including choking hazards or strangulation.
Industrial Equipment: Defective machinery and tools used in the workplace can cause severe injuries, leading to paralysis, loss of limbs, burns, or even fatalities.

Determining Your Eligibility for a Product Liability Lawsuit

In California, you may qualify for a product liability lawsuit if you have been injured or suffered damages due to a defective product. This eligibility applies to consumers who used the product as intended or in a manner that the manufacturer could reasonably foresee.

Whether the defect arises from the product’s design, manufacturing process, or inadequate labeling (including failure to warn of potential risks), you may have a valid claim. To confirm your eligibility and explore your legal options, it’s essential to consult with an attorney. Our experienced product liability lawyers can thoroughly assess your case and guide you through the next steps.

Establishing Liability in a Defective Product Case

Establishing liability in a defective product case requires demonstrating that the product was unreasonably dangerous due to a defect. This can involve:

Design Defects: When a product is inherently unsafe due to its design, making it dangerous even when used as intended.
Manufacturing Defects: When a product becomes dangerous due to an error in the manufacturing process, such as using substandard materials or poor assembly practices.
Marketing Defects (Failure to Warn): When a product lacks adequate instructions or warnings, leading to misuse and injury.

Steps to Take After a Defective Product Injury

Taking the right steps after being injured by a defective product can significantly impact the outcome of your case:

Ensure Safety: Stop using the product immediately to prevent further injury. If possible, keep the product in a safe place as evidence, without altering it in any way.
Seek Medical Attention: Get a medical evaluation as soon as possible, even if the injury seems minor. Documenting your injuries is crucial for your case.
Document the Incident: Take detailed notes about how the injury occurred, including the time, location, and how you were using the product. Take photos or videos of the defective product, your injuries, and any other relevant evidence.
Keep All Related Items: Retain all packaging, instructions, receipts, and any correspondence related to the product. These items can be important evidence in proving that the product was defective.
Avoid Speaking with the Manufacturer: Do not discuss the incident with the product manufacturer or their insurance representatives without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
Contact The Schenk Law Firm: Promptly reach out to our experienced defective product injury attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Compensation for Defective Product Injuries

Victims of defective products may be entitled to various forms of compensation, including:

Medical Expenses: Coverage for all current and future medical costs related to the injury, including surgeries, hospital stays, rehabilitation, and necessary medical equipment.
Lost Wages: Compensation for income lost during recovery and any future loss of earning capacity if the injuries result in long-term or permanent disability.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury, including anxiety, depression, and post-traumatic stress disorder (PTSD).
Property Damage: Reimbursement for any property damaged as a result of the defective product, such as vehicle repairs or home damage.
Loss of Consortium: Compensation for the impact on your relationship with your spouse or partner, including loss of companionship, affection, and support.
Punitive Damages: In cases where the manufacturer’s behavior was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

California's Comparative Negligence Law

California’s comparative negligence law allows you to recover compensation even if you are partially at fault for an injury caused by a defective product. Under our legal framework, the compensation you receive will be reduced by your percentage of fault. For instance, if you are determined to be 20% at fault and your total damages amount to $100,000, you would receive $80,000. This approach ensures that you can still recover compensation for your injuries, even when there is shared responsibility.

How The Schenk Law Firm Can Help

Our team of experienced defective product attorneys is dedicated to providing comprehensive legal support to victims of defective products. We understand the complex nature of these cases and work tirelessly to ensure that our clients receive the maximum compensation possible for their losses.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a defective product claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the injuries and harm caused by a defective product. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to a personal process of guiding you through this challenging experience with compassion and many decades of experience, ensuring that you receive the compensation to which you are entitled.

FAQS

What is a defective product?

A defective product is one that is unreasonably dangerous due to its design, manufacturing process, or inadequate warnings. Defects can lead to serious injuries, property damage, or other harms to consumers.

What are the elements of a product liability claim?

In California, you must prove that the defendant designed, manufactured, distributed, or sold a defective product, that the product was defective when it left the defendant’s possession, that you used the product in a reasonably foreseeable manner, and that you were harmed by the defect.

What is strict liability in product liability cases?

Under California law, a company may be held strictly liable for injuries caused by a defective product, even if the company was not negligent. If the product is more dangerous than reasonably expected or lacks adequate warnings, the designer, manufacturer, distributor, or seller may be held accountable.

What types of products can be defective?

Defective products can include automobiles, medical devices, pharmaceuticals, household products, children’s toys and equipment, and industrial machinery. Each of these categories can lead to serious injuries or health complications.

What types of compensation may I receive for a defective product injury?

Compensation may include medical expenses, lost wages, pain and suffering, property damage, loss of consortium, and punitive damages if the manufacturer’s actions were particularly reckless.

What steps should I take after being injured by a defective product?

Stop using the product, seek medical attention, document the incident, retain all related items (including packaging and receipts), and avoid speaking to the manufacturer without consulting a lawyer. Contact a product liability attorney as soon as possible to discuss your case.

How can The Schenk Law Firm help with a defective product case?

The Schenk Law Firm conducts thorough investigations, gathers critical evidence, and provides aggressive legal representation to help victims of defective products secure compensation. They work on a contingency fee basis, meaning you don’t pay unless they win your case.

What are common defenses in product liability lawsuits?

Common defenses include claims that the product was not defective, someone else altered or repaired the product, or that the victim misused the product in an unforeseeable way. The defendant may also argue that something else caused the injury.

Am I eligible to file a product liability lawsuit?

If you have been injured by a defective product and used it as intended or in a reasonably foreseeable manner, you may be eligible to file a lawsuit. Consult with an attorney to confirm your eligibility and explore your legal options.

What is California’s comparative negligence law?

Under California’s comparative negligence law, you can still recover compensation even if you are partially at fault for your injuries. However, the amount you receive will be reduced by your percentage of fault.

What should I expect during insurance negotiations?

Insurance companies often attempt to minimize payouts.The Schenk Law Firm takes on the burden of negotiating with insurers on your behalf to ensure that you receive a fair settlement based on the full value of your claim.

How long do I have to file a defective product claim in California?

California law typically imposes time limits on filing defective product claims. It’s important to consult with an attorney as soon as possible to ensure your claim is filed within the required timeframe.