Who is Responsible for a Defective Product?
When you make a purchase, there is the assumption it works as advertised – and safely. That means a person should not be injured using a product in the way it was intended, and if the product could be dangerous there must be warnings and instructions.
Instructions on properly using your product should be provided as well as warnings about any potential misuse or dangers. When the company, manufacturer, seller/retailer, or advertiser fails to adhere to this standard of care, you run the risk of suffering a long-lasting and costly injury, and they can be held liable. Unfortunately, regular people (consumers) of all types are injured all the time because of defective and dangerous products, this ranges from children, to adults and includes all types of products from clothing, toys, electronics, appliances, and machinery.
If you or someone you love have been seriously injured because of a dangerous/defective product, you could be entitled to pursue a claim for damages. The Santee, CA product liability lawyers at Jassim Law are renowned in our community for their expertise, knowledge, and compassion. We are eager to help you get the compensation you deserve – and in doing this we educate the companies responsible about the dangers of their products, warn the public, and make our communities safer.
Recovering Damages Due to a Defective or Dangerous Product.
Recovering damages after a product liability accident involves understanding the types of compensation available and the process to claim and prosecute them. Victims can typically seek damages for economic and non-economic damages, which include coverage for the following tangible and intangible losses:
- Pain and suffering
- Loss of enjoyment of life
- Physical Impairment
- Emotional distress
- Medical expenses (past and future)
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Lost wages or income (past and future)
- Loss of companionship
- Damages for the injury to a spouse or registered domestic partner (Loss of consortium)
- Wrongful death damages
Economic damages are calculated based on your specific losses. Non-economic damages are not so easily quantified, and require the expertise and skill of an experienced Santee, CA product liability attorney. Our team is here to help make sure you the full value of all your harms and losses, including lifetime harms and losses, are recovered.
In cases where the liable party is found to have been grossly negligent, punitive damages may be recoverable as well. These are not based specifically on your losses but instead are there to act as a fine or punitive measure for the liable party’s blatant disregard for your safety.
For example, assume a company knows that a product is defective, or dangerous and purposely fails to fix the product based on the calculation that it would be cheaper to pay claims than fix the product. This type of total disregard could expose a company to punitive damages.
How Can a Santee Product Liability Lawyer Help Your Case?
While you focus on healing and recovering from your injuries, the team of Santee product liability attorneys at Jassim Law is prepared to get to work on the following pivotal aspects of your case:
Gather and Preserve Evidence
Recovering these damages often requires proving the product’s defectiveness and its direct link to the injury. It is critically important to preserve the “product” as evidence, that means do not fix/repair the product, do not alter the product, take photographs, and maintain custody of the product so it can be examined by experts.
This can involve gathering relevant information to be used as evidence of negligence on behalf of the liable party. Examples of relevant evidence our team can collect and analyze for you include the following:
- Medical documentation
- Keeping receipts and proof of purchase
- Photographic evidence
- Video footage
- Witness statements/testimony
- Expert testimony
- Surveillance camera footage, if applicable
- Vehicle Event Data Recorder (“black box”) data
Much of this evidence is time-sensitive, so it is pertinent you reach out to our firm as soon as possible. We will immediately get to work collecting and assessing all potentially relevant evidence to establish fault and identify a liable party.
Establishing fault in a product liability accident involves demonstrating that the product was defective and this defect led to the injury. This process typically requires a detailed examination of the product’s design, manufacturing, and any warnings or instructions provided by experts.
Proving fault may involve technical and expert analysis to show that the product was inherently flawed, improperly made, or lacked sufficient safety information, directly causing the injury. This stage is crucial for a successful product liability claim, as it identifies the party who is directly responsible for your injuries.
File Your Claim
Filing a product liability claim with Jassim Law involves a thorough and strategic approach to ensure your case is robustly presented. Their legal team will guide you through the intricate process of documenting your injury, the product’s defects, and any resulting damages. This includes collecting evidence, consulting with experts, and meticulously preparing legal documents.
From here, we will file your claim within the state’s statute of limitations deadline and ensure all of the necessary documentation and paperwork has been included. One of the number one reasons for a low settlement offer is the failure to adequately represent the victim’s losses. Our assistance does not end at the filing of your claim. We are prepared to help handle all aspects of the claim process, including any and all required communications with the insurance company, including negotiations.
Injured in a Personal Injury Accident? Jassim Law Can Help
Recovering from an injury caused by a defective product involves complex legal challenges. Highly-regarded Santee product liability lawyer Pajman Jassim of Jassim Law offers dedicated support in product liability cases, ensuring personal and responsive legal service. Recognized as one of San Diego’s Best Attorneys in 2015, Attorney Jassim brings his award-winning expertise to tackle the specifics of your product liability claim. To see how we have been able to help other members of our community, check out our reviews here.
Receive comprehensive and knowledgeable representation to navigate your case with ease. To begin the process today, call (619) 554-0624 or use our contact form for a free consultation.