Sacramento Product Liability Attorneys

Helping Injured Consumers in California

When you purchase a product, you expect it to be safe for use. Unfortunately, many products are defective and can cause serious injuries or even death. If you or a loved one has been injured by a defective product, you may be entitled to compensation for your injuries.

At Kershaw, Talley, and Barlow, PC, we have successfully represented clients in a wide range of product liability cases, including those involving defective medical devices, dangerous drugs, and more. We are ready to listen to your story, evaluate your case, negotiate with insurers, and maximize your entitled compensation.

Call (916) 520-6639 or contact us online to schedule a free consultation with our product liability attorneys in Sacramento. We handle cases across California and the U.S.

What is Product Liability?

Product liability is an area of personal injury law that holds manufacturers, distributors, and retailers responsible for the products they put on the market. When a product is defective or dangerous, and a consumer is injured as a result, the manufacturer or another party in the supply chain can be held liable for the consumer’s damages.

There are three main types of product defects:

• Design defects
• Manufacturing defects
• Marketing defects

Design defects are present in the product from the beginning. These defects are inherent in the product’s design and are present in every unit. Manufacturing defects, on the other hand, occur during the manufacturing process. These defects may affect only a few units or an entire product line. Marketing defects are related to the product’s marketing and labeling. These defects may include inadequate instructions or warnings.

Product liability claims can be based on the following legal theories:

• Negligence: The manufacturer or another party in the supply chain was negligent in some way, and this negligence caused the product to be defective or dangerous.
• Breach of warranty: The manufacturer or another party in the supply chain breached an express or implied warranty, and this breach caused the consumer’s injuries.
• Strict liability: The product was defective or dangerous, and this defect caused the consumer’s injuries. In strict liability cases, the consumer does not have to prove that the manufacturer or another party in the supply chain was negligent.

Product liability claims can be complex, and they often involve large corporations and their insurance companies. If you have been injured by a defective product, it is important to have an experienced attorney on your side. Our Sacramento product liability lawyers can help you understand your rights and options and guide you through the legal process.

Proving Your Case: Key Elements of a Product Liability Claim

Navigating a product liability claim can be complex, but understanding the key elements of such a claim is essential. By identifying the defective product, establishing the defect, proving its unreasonably dangerous nature, demonstrating causation, and documenting your damages, you can build a strong case.

#1: Identifying the Defective Product

To pursue a product liability claim, you must first identify the defective product that caused your injury. This can be challenging, especially if the defect isn't immediately apparent. We recommend preserving the product as evidence, documenting the circumstances of the incident, and consulting with an experienced attorney to assess the viability of your claim.

#2: Establishing the Defect

There are three main types of defects that can lead to product liability claims: design defects, manufacturing defects, and marketing defects. To establish the defect, you need to gather evidence such as expert opinions, product testing results, or recalls. This evidence will strengthen your case and increase your chances of obtaining compensation for your injuries.

#3: Proving the Product Was Unreasonably Dangerous

In a product liability claim, you must demonstrate that the defect made the product unreasonably dangerous. This means showing that the product posed a risk beyond what an ordinary consumer would expect. Gathering evidence such as safety standards, industry regulations, or expert testimonies can help establish this element of your claim.

#4: Demonstrating the Defect Caused Your Injury

To succeed in your claim, you need to prove that the defect directly caused your injury. This requires medical documentation, testimonies from healthcare professionals, and any other relevant evidence linking your injury to the defective product. It's crucial to seek immediate medical attention and keep thorough records of your treatment.

#5: Establishing Your Damages

Lastly, you must establish the damages you suffered as a result of the defective product. This includes medical expenses, lost wages, pain and suffering, and any other financial or emotional losses you experienced. Properly documenting your damages will strengthen your claim and ensure you receive fair compensation.

Common Types of Defective Products

Examples of defective products across various industries include:

• Medical Devices: Faulty hip implants, pacemakers, or surgical instruments that malfunction and cause harm to patients.
• Pharmaceuticals: Drugs with undisclosed side effects or incorrect labeling that fails to warn users about potential risks.
• Auto Parts: Defective airbags, faulty brakes, or tires prone to blowouts that can cause accidents and injuries.
• Consumer Goods: Toys with small parts that pose a choking hazard, electronics prone to overheating or catching fire, or household appliances with electrical faults.
• Food Products: Contaminated food items leading to illness or injury due to poor handling, improper packaging, or undisclosed allergens.
• Industrial Equipment: Machinery or tools with manufacturing defects that lead to workplace accidents and injuries.

What is the Statute of Limitations for Product Liability Claims in California?

Like other personal injury claims, product liability claims are subject to a statute of limitations. This is a strict deadline for filing a lawsuit. If you fail to file your lawsuit before the statute of limitations expires, you will likely lose your right to compensation.

In California, the statute of limitations for product liability claims is two years from the date of the injury. However, if the injury was not discovered right away, the statute of limitations may be extended. In these cases, the statute of limitations begins to run when the injury is discovered or should have been discovered with reasonable diligence.

Product liability claims can be complex, and they often involve large corporations and their insurance companies. If you have been injured by a defective product, it is important to have an experienced attorney on your side. Our Sacramento defective product lawyers can help you understand your rights and options and guide you through the legal process.

What Compensation is Available in a Product Liability Case?

If you have been injured by a defective product, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. In some cases, you may also be entitled to punitive damages.

Our Sacramento product liability attorneys can help you seek compensation for the following damages:

• Medical expenses
• Lost wages
• Lost earning capacity
• Pain and suffering
• Emotional distress
• Disfigurement
• Disability
• Reduced quality of life
• Property damage
• Out-of-pocket expenses
• Loss of consortium
• Punitive damages

Product liability claims can be complex, and they often involve large corporations and their insurance companies. If you have been injured by a defective product, it is important to have an experienced attorney on your side. Our product liability lawyers in Sacramento can help you understand your rights and options and guide you through the legal process.

Why Choose Kershaw, Talley, and Barlow, PC?

At Kershaw, Talley, and Barlow, PC, we are committed to helping injured consumers. We have been serving clients in Sacramento and the surrounding areas for decades, and we have a proven track record of success. We have the experience and resources to take on large corporations and their insurance companies, and we are not afraid to take a case to trial when necessary.

When you choose us, you can expect the following:

• Personalized service: We understand that every case is unique, and we will take the time to understand your situation and your goals. We will work with you to develop a personalized legal strategy that is tailored to your needs.
• Aggressive representation: We are not afraid to take on large corporations and their insurance companies. We will fight to protect your rights and help you seek the fair compensation you are owed.
• Responsive communication: We understand that you have questions and concerns, and we are here to help. We will be available to answer your questions and address your concerns throughout the legal process.
• Proven results: We have a proven track record of success. We have successfully represented clients in a wide range of product liability cases, and we know what it takes to win.

If you or a loved one has been injured by a defective product, you may be entitled to compensation. Our defective product attorneys in Sacramento can help you understand your rights and options and guide you through the legal process. We offer free initial consultations, and we do not charge any attorney fees unless we recover compensation for you.

Contact us today at (916) 520-6639 to let us help you inside and outside the courtroom.