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California Defective Product Liability Claims

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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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California Defective Product Liability Claims

  1. 1. j/ HCHAEL www. michae| waks. com LAW OFFICE or MICHAEL D. WAKS (562)326-5002 california Ilefectiiie I’I‘0lIlIGl liailililll I3IailllS 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 $12 billion. Toy related injuries sent 256,700 children to the hospital in 2013. 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 product Someone injured by a defective product can receive compensation for his or her physical pain and emotional suffering. 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 individuals who: - 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, including: - 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 the consumer 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 information. - 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.

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