PRODUCTS LIABILITY CLAIMS YOU NEED TO KNOW ABOUT

PRODUCTS LIABILITY CLAIMS YOU NEED TO KNOW ABOUT

Posted on Monday, August 17th, 2020 at 11:28 pm    

When you purchase a product, you expect the product to perform as expected. You do not expect the product to harm you or a family member. However, that is what happens to thousands of individuals each year. Defective products can cause traumatic injuries and fatalities each year. A products liability claim can help you recover compensation for injuries and damage caused by a defective product.

Three Types of Products Liability Claims

Any product has the potential for being defective and causing injuries. Examples of defective products include, but are not limited to:

  • Medical devices
  • Children’s toys
  • Motor vehicles and automotive parts
  • Furniture
  • Small appliances and tools
  • Medications
  • Recreational equipment
  • Electronic cigarettes and vapes
  • Airbags and seat belts

A products liability lawyer in Sacramento can investigate the cause of your injury to determine which type of products liability claim applies in your case. The type of claim can impact the course of the case and who is liable for your injuries and losses.

The products liability claims most commonly filed are:

1.  Design Defects

A product can be dangerous because of an inherent design flaw. In cases involving design defects, you must prove that the entire product line is defective. Also, the court weighs whether the benefits of the design outweigh the risk of danger when deciding if a product was inherently flawed in its design.

2.  Manufacturing Defects

A defect can occur during the manufacturing process that makes a product hazardous to use. For example, a manufacturer changes the design specifications to decrease the cost of production. However, the change in the design specifications results in a defect that can injure the user. Sometimes manufacturer defects occur because the manufacturer fails to supervise production adequately or has inadequate quality control measures.

3.  Failure to Provide Adequate Warnings

In some cases, a product is defective because the manufacturer, seller, or distributor fails to provide adequate warnings and instructions for use. Some products have inherent dangers because of the product. Therefore, the products must have adequate warnings and instructions for use that reduce the risk of harm to consumers.

Additionally, the law requires that manufacturers consider potential ways that an ordinary person might misuse the product and warn of the dangers and consequences of misusing the produce.

Legal Elements of a Products Liability Claim in California

Every personal injury claim requires the victim to prove various legal elements. The basic legal elements of a products liability claim are:

  • The product was designed, manufactured, or distributed by the defendant.
  • The product was dangerous in its design, manufacture, or the instructions and warnings for use.
  • You used the product as it was intended to be used.
  • You sustained injuries and damages because of the use of the product.

Depending on the type of products liability claim and whether you are alleging strict liability or negligence, there could be other steps required to prove that the defendant is liable for your damages.

Statute of Limitations for Filing Product Liability Lawsuits

In most cases, you have two years from the date of injury to file a products liability claim under California’s Statute of Limitations. If you do not file a lawsuit by the deadline imposed by law, you lose your right to pursue a claim in court. The defendant can use the statute of limitations as a defense to your claim.

Because there are exceptions to statutes of limitations, it is always best to talk to a California product liability lawyer as soon as possible after an injury.

Contact a Sacramento Products Liability Lawyer for a Free Case Review

You may be entitled to significant compensation if injured by a product. You could receive compensation for your medical bills, loss of income, physical pain, disfigurement, and emotional suffering. We can help you fight for the money you deserve if a defective product injured you or your child.

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our products liability attorneys in California.

Client Testimonials

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
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Don’t listen to the bad reviews! My experience with this law firm is unmatched , I always recommend to colleagues and friends and they have not been disappointed either. Great quality people who care about the outcome not just the bottom line

Dawniel Ewing
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
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Tiemann Law Firm is a great law firm. The best part is we won and I received a bigger settlement than I thought was possible! They keep in touch and are friendly and easy to talk to. If you want the best settlement for your case,   CALL THESE GUYS!!!

Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of your hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!