Sometimes the products you purchase do not function effectively. While there are items that simply do not work, others can cause serious injuries. If you were recently injured because of a purchased item, contact a Corona defective products lawyer. Depending on the seriousness of your injuries and the malfunction’s nature, you could claim a variety of damages, including medical costs and missed employment time.
Working with a trusted, experienced attorney alleviates considerable stress, which is a side effect of any lawsuit. The legal professional enjoys a comprehensive understanding of state and federal laws and will let you know whether your case is viable instead of wasting your time. En Español.
Providing Product Liability in California
Like most other states in the union, California requires plaintiffs and their legal representatives to prove why and how the products in question are dangerous. To do so, they must show the judge or jury four things. First, they must prove that the item was designed incorrectly, manufactured in a faulty way, or stayed on store shelves despite insufficient labeling or knowledge of the defect(s). Second, the plaintiff and their legal team must prove that the product was flawed when it left the designer’s studio, manufacturing plant, or shop.
Third, the court needs to know that the product was used according to manufacturer instructions, and fourth, that the product directly caused the plaintiff’s injuries. Common examples of malfunctioning products that inflict physical harm include:
- Children’s toys
- Automobile parts such as airbags
- Lawn tools and equipment
- Assorted chemicals
- Medical devices
- Industrial equipment
Product Liability Statute of Limitations
To bring about a product liability lawsuit in Corona or elsewhere in California, the attorney and their client must file a claim within the designated time frame. If the product caused physical injuries and is therefore a personal injury claim, the paperwork must get filed within two years according to California Code of Civil Procedure Section 335.1. If the item caused property damage, the claimant has three years to file according to Code Section 338.
Plaintiffs who do not file within the two or three-year deadline usually see their cases dismissed.
The Pure Comparative Fault Factor
California uses pure comparative negligence laws to determine fault in lawsuits. Unlike contributory negligence laws that prevent plaintiffs and attorneys from claiming damages no matter how small the plaintiff’s role in the accident, pure comparative negligence provides compensation in light of fault degrees. A plaintiff found 20 percent to blame for a malfunctioning product accident, for example, sees his or her damages reduced by that percentage.
While standard comparative fault laws prevent plaintiffs from receiving compensation if he or she is found more than 50 percent at fault for accidents, pure comparative negligence makes it possible to obtain damages regardless of the fault degree. For example, if the plaintiff is found 80 percent at fault for a chainsaw accident and requested $20,000 in damages, he or she will receive $4,000 in compensation as per Code Section 1431.2.
Talk to a Corona Attorney About Your Faulty Product Claim
As a consumer, you should not have to wonder if the products you purchase are safe or not. A Corona defective products lawyer provides the assistance necessary to bring your case to the court’s attention and hopefully win damages. Depending on the product that caused harm, you may be one of numerous plaintiffs and can subsequently bring a larger suit against the designer, manufacturer, or store owner.
Contact our law firm today to start claim proceedings and learn more about deficient product laws.