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Product related accidents account for 34 million injuries and deaths each year with a related cost of approximately 12 billion. Someone injured by a defective product can receive compensation for his or her physical pain and emotional suffering.
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LAW OFFICE or MICHAEL D. WAKS (562)326-5002
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WHAT DO YOU NEED TO KNOWABOUTA PRODUCT LIABILITY CLAIM?
EVERY YEAR MILLIONS OF AMERICANS ARE SERIOUSLY INJURED OR
KILLED USING CONSUMER PRODUCTS
Product related accidents account for 34 million injuries
and deaths each year with a related cost of approximately
Toy related injuries sent 256,700 children to the hospital
WHY FILE A PRODUCT LIABILITY CLAIM?
Injured accident victims can be compensated for the
out-of-pocket expenses incurred related to a defective
product. Compensable damages include:
- Medical expenses
- Lost wages from work or business
- Repairs to property damaged by the defective
Someone injured by a defective product can receive
compensation for his or her physical pain and emotional
Filing a product liability claim can help protect others
from suffering the same injury and losses. A product
liability claim may result in:
- A recall of the same or similar products
° The product manufacturer being more attentive to
product designs, manufacturing procedures, and
safety warnings in the future
WHO CAN FILE A PRODUCT LIABILITY CLAIM IN CALIFORNIA?
Defective product liability claims can be filed by
- Have been injured by a defective consumer product
° Have suffered disfigurement or a disability due to a
defective consumer product
- Have suffered a financial loss, or a loss of use, due
to a defective consumer product
- Have suffered identity theft, loss of privacy, or
defamation due to a defective cyber product
- Have suffered emotional distress and/ or humiliation
due to a defective consumer product
- Have lost a loved one due to a defective consumer
product and have suffered the loss of love,
companionship, and support
WHO IS POTENTIALLY LIABLE FOR THE INJURIES AND LOSSES
CAUSED BY A DEFECTIVE PRODUCT?
In California, any party in the defective product’s “chain
of distribution” can be found liable for damages,
- The manufacturer of the product
° A separate manufacturer who made a defective part
or component that went into the product
- The distributor of the product
- A retailer or “midd| e-man” who sold the product to
A personal injury attorney can prove who is liable for
injuries and losses related to a defective product by
presenting evidence that demonstrates:
- There was a defect in the design of the product that
caused the injury; and/ or
- There was a manufacturing defect that caused the
injury; and/ or
- Neither the manufacturer nor the retailer provided
adequate warning of a danger associated with
normal use of the product, or that injury may occur if
the product is used in a manner not intended.
WHAT ACTIONS SHOULD BE TAKEN IF A DEFECTIVE CONSUMER
PRODUCT INJURES YOU OR A LOVED ONE?
- Seek medical attention immediately.
- Keep a record of all medical expenses and save all
documentation you receive from healthcare providers.
- Keep a record of lost wages.
- For property damage, get estimates from contractors
for needed repairs and save all repair receipts. Take
pictures of the damage.
- Save all pieces and parts of the defective product regardless of how
damaged or broken it may be -- do not throw anything away.
- If there was a witness to the injury or loss, obtain his or her
- Contact a product liability attorney as soon as possible to protect
your right to receive compensation for your damages.
Call the Law Ofﬁce of Michael D. Waks at 888-394-1174 or use the convenient online
contact form to schedule a free consultation. You are under no obligation and you will
never pay any money unless you recover damages for your injuries. I offer bilingual
services as part of my comprehensive approach to legal representation and I am
available 24/7 to talk to you about your case.