Product liability cases are different to other personal injury cases. Unlike personal injury claims based on becoming the victim of a slip and fall or a car accident, product liability claims are unlikely to be brought up against another private individual. But in many ways, all personal injury claims under California law have one thing in common.
In the simplest of terms, all personal injury cases are about negligence. If you’ve been involved in a car accident, we have to work out whether the other driver failed to observe the law or whether they simply weren’t aware of their surroundings in a way that put you at risk. It could be argued that product liability cases are simpler still, as products have to undergo rigorous testing and approvals before being allowed to be sold to the public. If these tests have failed—or even been intentionally circumvented in some way—then the producer should be held accountable.
When pursuing a product liability claim, you’re not only making sure that you get the compensation you deserve, but also protecting other citizens from being injured in the same way. Companies that accept your hard-earned dollars must provide you with a safe, usable product that is fit for purpose. And there has to be consequences if this is not the case. This the only way to ensure that the market is safe for you and other consumers.
When it comes to working out what your personal injury claim may pay out, we have to consider a whole range of factors. If a product has resulted in serious or long-lasting injury, your case value may increase drastically.
We also have to gather evidence relating to any property damage. If an electronic gadget exploded or leaked battery acid onto you and your home, we would consider your injuries alongside the damage to your property when negotiating a settlement.
The type of defect is also key. One example of a product liability case would be an injury caused by a defective medical device. Let’s take a heat patch as an example. Producers of medical devices have an obligation to ensure that their medical devices improve your quality of life, not worsen it. They have to ensure that the patch’s design is fit for purpose. If you end up burning your skin due to a chemical leak, we could establish whether the defect is due to an error in production or a flaw integral to the product’s design. On the other hand, if the producer knows that leaking is a possibility, they must inform you of this risk. The severity of their negligence may also impact your personal injury claim payout.
As you can see, there is no average payout because there is no average product liability personal injury case. Each case is completely unique. However, Scranton Law Firm would be happy to offer you a consultation anywhere in California to ensure you can pursue your case. Take our free online quiz to establish your case or visit our personal injury page for more information about how your case is evaluated.