of Mind
Feel confident knowing your case is in expert hands, so you can focus entirely on healing.
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We handle every aspect of your case, from referrals to the best doctors to paperwork and negotiations.
Recovery
Our mission is to make you whole again by recovering compensation for all your losses—medical bills, lost wages, and more.
Stories of Triumph
You may have done everything right behind the wheel, only to learn that faulty brakes, a defective airbag, or another failed component caused or worsened your injuries. Now you are left dealing with pain, medical bills, and the unsettling realization that the vehicle you trusted may have put your life at risk.
At Silva Injury Law, we help injured Californians hold manufacturers accountable when auto defects cause harm. We understand how complex these cases can be and how intimidating it can feel to take on a large auto manufacturer or parts supplier.
We are trial lawyers, and we prepare every case as if it may go before a jury. You focus on recovering. We focus on building your case.
What Is Product Liability?
Product liability is the area of law that allows you to hold a company legally responsible when a defective product causes injury. In California, a manufacturer, distributor, or retailer is liable if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.
In other words, if you were using the product as intended and it injured you because of a defect, the company behind it may be liable.
California follows strict liability rules for defective product cases. This means you do not have to prove the company was negligent or careless. Instead, you must show that the product was defective, you were using it in a reasonably foreseeable way, and the defect caused your injuries.
Defective product cases generally fall into three categories:
- Manufacturing defects. These occur when something goes wrong during the production process.
- Design defects. These involve a flaw in the product’s overall design.
- Failure to warn. Companies must provide adequate warnings or instructions about known risks. If it fails to warn consumers about a danger, it may be liable for resulting injuries.
When it comes to auto defects, product liability applies if defective automobile parts (e.g., airbags, tires, steering systems, or braking components) malfunction and cause a crash and injure you.
You should not pursue a product liability claim against a large corporation independently. Let our skilled California product liability lawyer help you hold these companies accountable for your injuries.
At Silva Injury Law, Inc., we have years of experience with defective product cases in California and a proven record of success. Contact us today to discuss your case.
What Types of Defective Auto Parts May Count as a Product Liability Case?
Certain auto defects can form the basis of a product liability case when they fail during normal use and cause serious injuries. Examples of defective automobile parts that may support a claim include:
- Faulty brake systems,
- Airbag defects,
- Defective tires,
- Steering and suspension failures,
- Fuel system defects, and
- Electrical or computer system malfunctions.
In many cases, these defects are not obvious at the crash scene. Acting quickly to preserve the vehicle and secure evidence is critical to proving that a defective part caused your injuries.
Average Settlement For Product Liability Cases
Understandably, many prospective clients want to know the average settlement for product liability claims. However, there is no specific number or range because no two cases are alike.
A California product liability lawyer can analyze your case individually and determine the full scope of your potential recovery based on your specific injuries, losses, and the evidence available.
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How Compensation Is Calculated for Product Liability
Estimating compensation in a defective product case involves more than a simple calculation. Several different factors impact your potential settlement value. Some of the most critical factors include type and severity of injury, liability, and the total amount of damages.
Type and Severity of Injury
Your injuries are part of your potential case value in a defective product claim. Someone who suffers a less severe injury that eventually resolves on its own will have a lower case value than someone who sustained catastrophic injuries or contracted a life-threatening disease.
Liability
Proving liability in a defective product claim differs from other types of personal injury cases. California follows strict liability rules when it comes to products, which means you don’t have to prove negligence—only that the defective product caused your injuries when you were using it as expected.
Insurance companies will push back against your claim. You need an experienced legal team on your side to protect your rights.
Damages
Your total damages also play a significant role in determining compensation for a defective product case. Your damages include losses such as:
- Medical expenses,
- Lost wages from time off work,
- Pain and suffering,
- Emotional distress,
- Loss of consortium, and
- Loss of enjoyment of life.
With product liability cases, the court might award punitive damages as well. The law reserves punitive damages for cases involving intentional misconduct or gross negligence. The object is to “punish” the defendant and set an example of behavior not to repeat in the future.
Examples Of Defective Products
Product liability claims can involve countless defective products—from baby toys and household items to automobiles and medical implants. Some notable defects include the following cases.
Philips Respironics CPAP, BiPAP, and Ventilator Recall
Philips issued a recall for several Respironics Sleep and Respiratory Care devices, including certain CPAP, BiPAP, and Mechanical Ventilators. Philips issued the recall due to potential health risks related to sound abatement foam used in specific machines. The potential dangers of degraded foam exposure include general irritation to your skin, eyes, and respiratory tract, headaches, inflammatory responses, asthma, carcinogenic effects, and other adverse effects on your organs (such as liver and kidneys).
Paraquat
Paraquat is a weed-killing herbicide limited to commercial use because of its toxicity. People who work on farms or other agricultural areas are the most at risk. Exposure to paraquat has been linked to Parkinson’s disease. Numerous countries have banned the herbicide, but the U.S. still allows its commercial use.
Statute Of Limitations For Product Liability Claims
As for other types of personal injury claims, there’s a statute of limitations for product liability claims in California. Calculating the time frame can be complicated since injuries aren’t necessarily immediately apparent in product liability claims. You generally have two years from the date of the incident or two years from the date you discovered, or should’ve discovered, the injury.
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
Contact Our California Product Liability Lawyer
If you sustained injuries due to a defective product, speak with our California product liability lawyers right away. At Silva Injury Law, Inc. we understand the complex legal nature of defective products.
Our experienced legal team also handles other types of cases, including:
- Car Accidents,
- Livestock Accidents,
- Dog Attacks,
- Wrongful Death,
- Trucking Accidents,
- Motorcycle Accidents,
- Pedestrian Accidents,
- Product Liability,
- Bicycle Accidents,
- Drunk Driving Accidents,
- Distracted Driving Accidents,
- Nursing Home Abuse,
- Slip & Fall,
- Premises Liability, and
- Acupuncture Pneumothorax
We have the skills and resources to build the strongest case possible for trial. Our priority is to protect the rights of injured victims like you and ensure companies are held accountable for endangering the lives of countless consumers. Contact our office today to schedule an initial consultation to learn how we can assist.
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