Oakland Defective Products Attorneys
Defective products are responsible for more than 29 million injuries and 22,0000 deaths each year, according to the U.S. Consumer Product Safety Commission. Manufacturers, wholesalers, distributors, vendors and retailers have a duty to provide consumers with reasonably safe products, but because of cost cutting procedures, tight deadlines and various other reasons, a product may be contaminated, have a defective design or manufacturing mistake. Manufacturers issue thousands of recalls each year, on account of manufacturing defects, but often, a recall is not issued in time to prevent the serious injuries or death of a consumer or user. The Oakland products liability attorneys and skilled legal team at Estey Bomberger have helped many defective product victims and their families investigate and identify the responsible parties in a defective product claim. Our Oakland defective product attorneys have represented clients who have been injured due to poor manufacturing and product design, insufficient product labeling and warnings, and recalls by:
Motor vehicle defects including: SUV rollovers, defective tires, airbags and seatbelts, poor roof design, tire blowout or poor design, and defective fuel system and brakes.
Medical device defects including: defective heart valve implants, joint or hip replacement defects, defective hernia patches, and faulty defibrillators and pacemakers.
Pharmaceutical dangers or defects including: Celebrex, Phen-Fen, Accutane and Vioxx.
Consumer product defects including: Skechers Shape-ups, children’s toys, defective appliances or power tools, drop-side cribs, flammable pajamas, defective ladders, aerosol can defects and food contamination.
Who is Responsible for a Defective Product?
Product liability law allows the victim of a defective product to seek compensation from the manufacturer, wholesaler, distributor, vendor or retailer for damages related to an injury or a family member's death due to a defective product. Product liability law may be based on:
Negligence
It must be determined whether foreseeable hazards were overlooked or disregarded and that the party or parties took reasonable care when designing, manufacturing, inspecting and testing a product before for putting it on the market. If after an investigation, there is found to be neglect by the parties, then they may be liable for injuries sustained by the victim.
Breach of Warranty (Failure to Warn)
There are express and implied warranties, or contracts between the manufacturer and vendor, or manufacturer and customer, in the sale of a product. For example, a customer purchases an inflatable pool that is advertised as being puncture-proof by the manufacturer. While the pool is being used, the pool catches on a nail and is torn, causing serious injury to the swimmers. The swimmers could file a lawsuit for breach of warranty and may be able to recover damages for their injuries.
Strict Liability
Strict liability does not require a victim to prove negligence or breach of warranty in order to recover damages. When strict liability applies, the victim only needs to show that a defect existed. Strict liability holds a manufacturer liable for a victim’s injuries regardless of whether the manufacturer was aware of the defect and how much care was taken during the design, manufacturing, marketing, distribution and sale of the product.
Skilled Oakland Defective Products Lawyers
Defective product claims, because of the difficulties of placing and proving liability, require a skilled lawyer to navigate the legal process. The Oakland personal injury lawyers at Estey Bomberger can determine liability for your injuries, pursue the negligent parties responsible and hold them accountable for damages. We have recovered maximum compensation for our clients’ medical expenses, earnings lost due to the inability to work, and pain and suffering (see our case results). If you have questions regarding your defective products injuries and a potential claim, call an Oakland accident lawyer today at Estey Bomberger to discuss the merits of your case. There is no cost to talk to an attorney and no obligation. We can be reached 24 hours a day, seven days a week at (510) 978-4380.