Product Liability Lawyer
San Diego Accidents

Proving Fault in a Products Liability Claim

In order to get you the compensation you deserve, your San Diego product liability attorney will need to prove that you suffered an injury because a product was defective. How can you help your product liability attorney to do this? You should:

• Save the damaged product for later inspection;

• Save your receipt;

• Keep the product's box and packaging; and

• Preserve the product's warranty and any other literature that came with the product.

Many products liability claims are brought under the theory of negligence. What is negligence? Basically, it is the legal term for the idea that, in going about our personal and business activities, we must all use reasonable care to avoid harming others. When we fail in this, we may be found negligent. Just as a person can be negligent, so can a product's manufacturer. When a product harms someone because of a manufacturer's negligence, the company may be made to pay for the injuries the product inflicted.

Negligence does not always have to be proven in products liability cases, however, because there are addition legal theories that apply to defective products cases. In some instances, damages can be recovered through a products liability claim from a if there has been a:

• Breach of a warranty: Some products come with warranties promising that they will work as advertised, or will perform particular functions. If they do not meet these standards, and an injury or property damage results, the consumer may be able to get compensation from the manufacturer. For example, a San Diego manufacturer might sell you a kitchen fire extinguisher that malfunctions, making it impossible for you to put out a grease fire. If you lose your stove and suffer a burned hand because of the defective product, you may be able to recover damages on a breach of warranty theory.

• Strict Product Liability: A manufacturer may be held strictly liable for harm to consumers even if the manufacturer was not negligent. Srict liability applies only in certain cases, however. According to California law, companies can be held strictly liable for damage caused by their products if:

1) Their product was defective;

2) The product left the factory in that defective condition; and

3) The consumer was harmed by the product's defect.

In your product liability case, more than one legal theory may apply. When two or more bases for damages can be claimed, your San Diego product liability attorney will likely make all relevant claims on your behalf. In this way, you will have a greater chance of recovering all that you are owed on your products liability claim.

San Diego Area Claimants and Products Liability Damages

Each product liability case is unique. While one product liability claimant may have physical injuries, another may have suffered only property damage. No one can predict with certainty the amount or types of damages any given product liability plaintiff will recover, but your San Diego products liability lawyer might seek damages to cover your:

• Medical bills

• Lost wages

• Pain and suffering

• Property damage

In addition, in certain rare cases, punitive damages may be recoverable. Punitive damages are often quite high, and are meant to punish manufacturers that deliberately disregard safety concerns. They are not generally based on the actual injuries or property damage the consumer has suffered.

Finding the Right San Diego Products Liability Attorney

The best thing you can do to preserve your rights to compensation when you are injured by a defective product is to get in touch with a good San Diego product liability lawyer. If you delay, valuable evidence may deteriorate or be lost completely, jeopardizing your product liability claim.

The Reeves Law Group has the experienced and compassionate attorneys you want on your side when making a product liability claim. They have been handling personal injury claims like yours for more than 20 years, and they know what it takes to get their products liability clients the best recoveries possible. For a free consultation concerning your product liability claim, please call us at (800) 644-8000 or e-mail us.

402 West Broadway, 4th Floor
San Diego, CA 92101
(800) 644-8000
Contact@RobertReevesLaw.com

We have 2 convenient locations serving all of San Diego County. The North San Diego office covers San Marcos, Oceanside, Vista, Escondido, Carlsbad, Del Mar, Encinitas, Ramona, Poway, Solana Beach and Vista. The Central San Diego office covers San Diego City, Chula Vista, Coronado, National City, Lemon Grove, Spring Valley, El Cajon, La Mesa and La Jolla.