Orange County Dangerous Products Attorney
The government estimates that defective products seriously injure over three million people a year, and many of these products are already in your backyard, garage, or medicine cabinet.
For example, today’s inflatable playhouses are designed to mimic theme park rides in many respects, and although they are usually specifically marketed to young children, they are often manufactured with the cheapest possible materials and never require any specialized supervision during operation. Similarly, many ATVs put thrills first and safety second, and today’s potent medicines sometimes do not adequately warn patients about the known risks.
These are just a few examples of defective products, and at the Law Offices of John Rapillo, we have successfully represented accident and injury victims for over thirty years. So, when we take your case, our professionals use proven methods that deliver maximum compensation in a minimum amount of time. We know that you are not satisfied with anything less than the best possible outcome, and neither are we.
Time Limits Involved
Under California law, victims have only two years to bring defective products claims, regardless of the legal theory they use. The brief statute of limitations means that an attorney must get to work quickly to preserve your claim, because once the two-year period lapses, it is almost impossible to obtain fair compensation for injuries.
The vast majority of defective products cases settle out of court, and in many situations, settlement happens before a lawsuit is filed. In all the matters we handle, including car accidents and other negligence cases, we gather evidence, partner with any necessary expert witnesses, anticipate the insurance company’s arguments, and then take prompt and sustained action to uphold your legal rights and get you the compensation you deserve.
Types of Cases
Defective products make up about 7 percent of all negligence cases, and the high damage awards are second only to medical negligence cases. California victims may pursue one of three strict liability theories:
- Design Defect: To maximize profits, most manufacturers design consumer products in way that puts usefulness, attractiveness, low cost, and a host of other attributes in front of product safety, and this approach often has disastrous consequences.
- Manufacturing Defect: If the products are reasonably safe as designed yet are incorrectly manufactured or shipped, the product makes is typically still responsible for the injuries that the products cause.
- Failure to Warn: Some manufacturers hide possible harmful side-effects or product dangers, so sales remain strong.
If the victim proves a defect or a failure to warn by a preponderance of the evidence, the manufacturer is automatically liable for both economic damages, such as medical bills, and noneconomic damages, such as loss of enjoyment in life. In many defective products cases, juries award considerable punitive damages, which are designed to punish the negligent actor and also deter any future wrongdoing.
In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose). In fact, one of the first modern negligence cases, 1932’s Donoghue v. Stevenson, involved a defective product. Successful plaintiffs in these cases are entitled to the same damages as strict liability plaintiffs.
Get An Orange County Attorney On Your Side
Victims in defective product cases are usually entitled to significant damages. For a free consultation with an experienced personal injury lawyer in Newport Beach, contact the Law Offices of John Rapillo. We normally do not charge upfront legal fees in negligence cases.