San Francisco Defective Products Lawyer
Lawyers Who Prosecute Makers Of Defective Consumer Products
Since the California Supreme Court first recognized a consumer’s right to bring suit against the maker of a defective product, the Walkup law firm has been at the forefront of this important area. We have sued the makers of defective autos, protective gear, sporting goods, over-the-counter medicines and dietary supplements, prepared food and home appliances.
The laws of California protect consumers from products that do not perform in a manner consistent with the ordinary expectations of a user. Walkup’s product liability attorneys have broad experience protecting the rights of consumers who are injured by household products, drugs, medical devices, industrial machines, food additives, recreational safety equipment and a host of other items mass-produced for use by the public.
What Are Some Different Types of Product Defects?
If you or a loved one suffered harm while using a defective product, you may be able to collect damages for your medical bills, lost wages, and other expenses. The San Francisco defect product attorneys at Walkup, Melodia, Kelly & Schoenberger can help hold the manufacturer, retailer, or distributor responsible for its negligence by filing a product liability claim on your behalf. Determining the responsible party is a matter of examining the nature of the defect. The following are defects that are compensable under California law:
The first and most obvious type of defect concerns inherent flaws in a product’s design. With this type of defect, the dangerous or defective condition applies to an entire line of products, not just one or two items. Design defects hinge on whether the creator designed the item to be as safe as possible. When you claim a product defect due to a design defect, you are alleging that every product in a line failed to be as safe as a reasonable consumer would expect it to be. The product’s inherent dangers present a risk to the consumer that is not reasonably foreseeable.
Example: Samsung infamously released a line of phones, the Galaxy Note, equipped with faulty lithium-ion batteries. These batteries routinely overheated and caught fire, which led to injuries from spontaneous combustion. Airlines put restrictions on traveling with these phones for fear they would wreak havoc in pressurized cabins.
In the case of a manufacturing defect, the product’s design is not inherently flawed, but something went wrong throughout the course of the product’s creation or assembly. If you believe that you sustained an injury due to a manufacturing defect, you are alleging that a manufacturer produced a product that was different than intended, and that your unit is different than the rest of the products in a line. An unintended flaw made the product dangerous or defective.
Example: We routinely hear about recalls for children’s toys, foods, and more. A recall regarding an applesauce pouch tainted with E. coli would be an example of a manufacturing defect. This contamination only affects certain batches of products but could certainly arise from negligence, such as failing to properly sanitize equipment or handle food.
Failure to Warn Defects
Some products, by their very nature, are not inherently or entirely safe to use. There is always a risk that a power tool can cause injury, an electric tool could cause electrocution, and a kitchen tool could lead to scalding. When you purchase a product that has an inherently safe design but still has risks, the manufacturer must still warn of risks that are not immediately recognizable to the user. The manufacturer, distributor, and the retailer all have a responsibility to warn of these risks. Failure to provide adequate warnings about a product is tantamount to negligence, and a victim may be able to collect damages if he or she sustained injury resulting from lack of information.
Example: A teapot with a steam valve did not come with a warning detailing the risk of scald injuries. If you or a loved one sustained burns while using the teapot and there were no warnings outlined in the product’s instructions, you may have the basis for a product liability claim based on a failure to warn.
These three major types of defects inform most product liability cases. If you or a loved one recently suffered harm due to a faulty product, and you believe that one of these defects applies to your case, contact a San Francisco product liability attorney. The San Francisco product defect lawyers at Walkup, Melodia, Kelly & Schoenberger can help you understand your legal options.
Experienced Bay Area Product Liability Personal Injury Lawyers
Our San Francisco defective products liability attorneys have resolved cases against foreign and domestic automakers for injuries from poorly designed seat belts and airbags, inadequate roof strength and rollover protection, gas tank defects, and handling flaws.
We have prosecuted the makers of unsafe children’s toys and furniture, small electrical appliances, flammable clothing and bedding, caustic household chemicals, nutritional supplements, space heaters, pool equipment, and recreational vehicles. In the workplace, our lawyers have sought compensation from the makers of unsafe saws, ladders, scaffolds, lifts, lathes, and metal forming machinery in cases of construction site accidents.
Examples Of Successful Representation In Vehicle Collision Cases
Defective Bike Helmet — $17 Million Verdict
Defective Industrial Aerial Lift — $10 Million Settlement
Death Of Husband And Father — Mismatched Car And Trailer — $5.25 Million Settlement
Defective Industrial Metal Forming Machine — $4.5 Million Settlement
Defective Folding Bicycle – $4.2 Million Settlement
Defective Personal Watercraft — $3.76 Million Jury Verdict
Defective Pool Heater — $2 Million Settlement
Defective Catheter — $1.19 Million Settlement
*Click on the individual result to see details regarding the case.
Contact The Walkup Law Firm For Qualified Product Liability Representation
Our California product liability litigation lawyers are dedicated to compelling manufacturers to produce safe products and to holding manufacturers accountable when they do not. When you suffer an injury because of a defective product, whether the defect is in the design, manufacture, packaging, instructions or warnings, you have the right to seek financial compensation.
If you or a loved one has been injured by a defective consumer product, call the Walkup firm at (415) 889-2919 or contact us online. Arrange a free consultation where our attorneys can review your case and help explain your options.