San Diego Product Liability Lawyer
•Defective products cause thousands of injuries in California every year. California’s product liability laws hold manufacturers and distributors liable for injuries and damages caused defective products. Product liability can arise from three types of defects:
•Design Defects — where product contains a design flaw that causes the product to be unreasonably dangerous;
•Manufacturing Defects – when a product is manufactured outside the specifications of the design and the manufacturing defect causes the product to be unreasonably dangerous; and
•Warning & Marketing Defects – when a product is sold with improper labels, instructions, or the without warning of a product’s hidden dangers.
•Everyday consumer items can prove extremely dangerous if defective. We handle product liability cases of all kinds, including:
•Cars and their components, tires, brakes, seat belts, and airbags;
•Home appliances and fire hazards such as ovens, water heaters, toasters, microwaves, carpets, and bedding;
•Tools, like punch presses, drills, saws, and nail guns;
•Sporting items such as bikes, helmets, and guns;
•Children’s toys; and
•Medical devices, such as implants, hip replacements, and prostheses.
Plaintiffs seeking to recover damages for injuries caused by a defective product generally assert claims under three theories: (a) strict products liability, (b) negligence, and (c) breach of warranty.
Most product liability cases are brought as a strict liability claim because the reasonableness of care taken by the defendant is not an issue. Under Strict Products Liability, a manufacturer (or supplier/seller) is strictly liable in tort for damages to an injured person when a product distributed, manufactured, or sold by defendant (1) contained a manufacturing defect; or (2) was defectively designed; or (3) did not include sufficient instructions or warning of potential safety hazards. Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. The law imposes strict liability to ensure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves.
Plaintiffs can sue under a negligence theory, but this requires showing that the defendant breached the standard of reasonable care in designing, manufacturing, supplying, installing, inspecting, or repairing the product and that negligence was a substantial factor in causing the plaintiff’s injury.
• If you believe a defective product harmed you, remember to do the following:
•Keep the product, its packaging, and any documents included with the product in a safe place.
•Locate and document the product’s manufacturer, model, serial number, and the place and date you purchased the product.
•If anyone was present when the injury occurred, document his or her contact information.
• Everything Matters
•Foldenauer Law Group has recovered millions of dollars in settlements and awards for our clients. We have built our success on nearly 20 years of experience as Plaintiff’s only injury attorneys, and have a proven ability to recover maximum damages. It’s no accident. We work exceptionally hard to obtain extraordinary results.
•Our attorneys go far beyond the standard methods normally used in personal injury cases. We conduct a complete investigation of the accident which includes visiting the accident scene, photographing and preserving evidence, measuring distances, calculating speeds, G forces, and interviewing witnesses. We take the time because well-documented facts build better liability cases. When needed, we utilize testimony from leading experts, such accident reconstructions, medical doctors, forensic accountants and economists for our winning team.
•We seek out creative recovery solutions, which includes collecting from all individuals and entities that have responsibility for the accident – not just the one obvious defendant. When an insurance company refuses to make a fair settlement on a case – we do not cower. We are always ready to take our cases to trial. We have the financial resources needed to fund our cases. This puts our injury clients on a level playing field with even the largest insurance companies. We are very proud of our winning trial record and believe it gives us extreme credibility when negotiating large settlements with insurance companies.
•We are not a “personal injury mill” that focuses on the quantity of injury cases it handles. We are selective. We limit the number of injury cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.
•To us – everything matters.
• Contact a Top-Rated Products Liability Attorney
•If you or someone you know has suffered a serious injury from a defective product, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, assist in obtaining needed medical treatment and care, and develop a winning strategy to maximize recovery and compensation. There are no up-front fees or costs. We do not charge until we win your case. We look forward to earning your trust and the honor of being your attorneys.