Overview
Each year in the United States, defective or unsafe products harm thousands of individuals of all ages. Product liability laws protect consumers and hold all those responsible for causing injuries from selling dangerous or defective products accountable.
This area of law should make it easier for a person to recover damages for injuries and losses caused by manufacturing and design defects, as well as failure to warn. The law provides that the designer, manufacturer, supplier, and retailer may all be liable for the damages caused by products they make or sell.
Our society is consumer-centric, and there is competitive stress on companies to get products to market. However, this push for sales makes many companies value profits over people's safety. If a product injures you, then you need an attorney to take on the responsible parties.
Our attorneys and investigators at The Brandi Law Firm thoroughly analyze each incident to determine all potential sources of liability. This includes investigating whether a defective design, manufacturing defect, or failure to warn may have caused or contributed to the accident.
Types of Cases We Handle
Automotive Defects
Defective vehicle components including seat latches, airbags, tires, steering systems, brakes, and fuel systems that cause or worsen injuries in accidents.
Medical Device Failures
Injuries caused by defective hip replacements, surgical mesh, pacemakers, and other medical devices that fail to perform as designed.
Pharmaceutical Injuries
Harmful side effects from drugs that were inadequately tested, improperly marketed, or sold without sufficient warnings about known risks.
Consumer Product Defects
Everyday products that cause injury due to design flaws, manufacturing errors, or insufficient safety warnings and instructions.
Industrial & Construction Equipment
Machinery and equipment used in workplaces that injure operators or bystanders due to design or manufacturing defects.
Children's Product Dangers
Toys, car seats, cribs, and other children's products that fail to meet safety standards and pose choking, suffocation, or injury risks.
Understanding California Law
California applies the doctrine of strict liability in product defect cases, which generally means the manufacturer or seller may be held liable for injuries caused by a defective product regardless of whether they were negligent. The injured party typically must show that the product was defective, the defect existed when the product left the defendant's control, and the defect caused the injury.
There are three main types of product defects recognized under California law: design defects (the product's design is inherently dangerous), manufacturing defects (an error in the production process made the product unsafe), and failure to warn (inadequate instructions or warnings about the product's risks).
California's statute of limitations for product liability claims is generally two years from the date of injury or from the date the injury was discovered or should have been discovered. For pharmaceutical and medical device cases, the discovery rule can be particularly important. Consulting with an attorney promptly helps protect your right to file within the applicable deadline.
Potential Compensation
Depending on the circumstances of your case, you may be able to pursue compensation for the following types of damages:
Our Process
Product Analysis
We preserve the defective product and arrange for inspection by qualified engineers and product safety consultants to identify the specific defect.
Investigation
We research the product's history, including prior complaints, recalls, regulatory actions, and internal company documents that may show the manufacturer knew about the defect.
Liability Chain Analysis
We identify all potentially responsible parties in the chain of distribution, from the designer and manufacturer to the distributor and retailer.
Damages Assessment
We work with medical professionals and economists to calculate the full extent of your injuries and losses, including future medical needs and lost earning capacity.
Aggressive Prosecution
We have the resources and experience to take on major corporations and their legal teams. We negotiate from a position of strength or take the case to trial.
What Sets Us Apart
Notable Case Results
The results described below are representative of past outcomes. Each case is unique. Prior results do not guarantee a similar outcome.
Passenger v. Ford Motor Company
Our client was paralyzed during a rollover due to a defective seat latch.
Doe v. Pepper Spray Manufacturer
A Rottweiler attacked our 22-year-old client while walking on the sidewalk. Her pepper spray failed to activate due to a defect in the design.
User v. Dietary Supplement Manufacturer
Our client took a commonly advertised dietary supplement that was defective and required her to get a liver transplant.
Frequently Asked Questions
Do I need to prove the manufacturer was negligent?
Under California's strict liability doctrine, you generally do not need to prove that the manufacturer was negligent. You typically need to show that the product was defective, the defect existed when it left the manufacturer's control, and the defect caused your injuries.
What should I do with the defective product?
Do not discard, alter, or repair the product. Preserve it exactly as it was at the time of the incident. The product is critical evidence. Store it in a safe location and inform your attorney about its whereabouts.
Can I sue the store that sold me the defective product?
Under California's strict liability law, all parties in the chain of distribution may potentially be held liable, including the retailer that sold the product. This can be an important avenue of recovery, particularly if the manufacturer is located overseas or is difficult to reach.
What if the product was recalled after my injury?
A recall can be significant evidence that the manufacturer recognized a defect. However, a recall alone does not automatically prove liability in your specific case. Conversely, the absence of a recall does not mean the product was safe. Our attorneys can evaluate how a recall affects your claim.
How long do product liability cases typically take?
Product liability cases tend to be complex and may take longer than other personal injury cases due to the technical investigation, professional analysis, and discovery required. The timeline depends on the complexity of the defect, the number of parties involved, and whether the case settles or goes to trial.
Attorney Advertising. The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. To understand how the law applies to your specific situation, you should consult with an experienced personal injury attorney. Past results do not guarantee future outcomes.
Free Case Evaluation
If you or a loved one has been affected by product defects, contact us for a free, confidential consultation.
Contact Us(888) 309-1224Our Track Record
- More Than 150 Years Of Combined Experience
- Focused Exclusively On Personal Injury
- Licensed In California, Nevada, Arizona And Washington
- More Than $1.6 billion In Verdicts & Settlements
- A Reputation The Insurance Companies Take Seriously
- You Pay Nothing Unless We Get Compensation For You
- Always Prepared To Go To Trial If Negotiations Break Down
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More Than 150 Years Of Combined Experience