You or a family member use a product and the result was an injury… or even something fatal. After the initial shock, you need to think of compensation.
Before you call a product liability attorney, it’s good to do research. Here are things to keep in mind if you live in California.
You Can Sue For Marketing, Manufacturing, and Design Defects
Most people think that they can only sue for a product that was defective due to a faulty manufacturing process or was poorly designed to begin with. That is not the case – there is a third option with how it was marketed. For example, if the instructions were not clear or well-written and you were injured due to that, then you might have a case.
You Can Sue if The Defendant Made An Unreasonably Dangerous Product
California law allows for this. Think of contaminated food or people getting cancer or organ damage after taking a specific drug. The company that manufactures, designs, or sells this can be liable.
You Can Sue if The Company Did Not Forsee Correct Usage
When a company makes something, there has to be a process where people figure out how people will normally use their product. They have to think through every possibility, and if you get hurt using it as normal and they didn’t anticipate that, then you can take them to court.
You Can Sue For Punitive Damages
Punitive damages means that you can aim for compensation for both your injury and to get the company punished for negligence. That means you can get money for your medical bills and have the court recognize that the company was at fault and pay for it..
There Can Be More Than One Defendant
Your suit can include the manufacturer, the designer, the retailer, and other people who were involved in the process that wound up with the product being available for sale. You have to definitely prove their role, though… you can’t sue them randomly.
You Have Two Years to File
That is, you have two years from when you were first injured. You need to get things moving fairly quickly to keep that statute of limitations from expiring.
It’s a good idea to enlist a lawyer as soon as possible. They can help you figure out what happened and they will work to get you the largest judgement. That will help you or your family move on with life.