Newport Beach Product Liability Attorneys
As a beachfront community, retailers in Newport Beach sell many types of water sports vehicles, such as wave runners and jet skis. However, like any other community, local retailers also sell household goods, furniture, machines, and appliances at various stores and shopping centers throughout the area.
When consumers purchase these products, they expect them to work correctly. Sadly, however, that does not always happen. When a product explodes or malfunctions in some way, a consumer may suffer serious injuries, many of which are permanent. In those instances, the injured consumer can take legal action against the product manufacturer, designer, or another person or entity in the product distribution chain.
If you suffered injuries because of a defective product that you purchased, seek prompt medical treatment, then talk with a knowledgeable product liability attorney to understand your legal options and rights.
The Newport Beach product liability lawyers at Bentley & More LLP can review your injury with you and determine your eligibility for filing a product liability claim or lawsuit against a product manufacturer or other responsible entity.
We can take the necessary legal action on your behalf by filing a claim with the appropriate insurance company and, if necessary, litigating your case in court.
When you allow us to handle your case, you can rest assured that we will look out for your legal interests every step of the way, aggressively advocating for you and fighting for your right to recover the monetary compensation you deserve.
Our legal team has recovered millions of dollars worth of compensation for injured accident victims, including consumers who purchased defective products. Let us help you pursue the maximum monetary recovery you deserve for your injuries and other losses.
For a free case evaluation and legal consultation with a Newport Beach product liability attorney, please call us or contact us online.
Special note for other law firms: Our legal team proudly represents accident victims who sustain debilitating and catastrophic injuries. We also assist other attorneys with complex cases, accepting referrals from other law firms on a regular basis. Please call us if you have a difficult case to refer to our firm.
Types of Defective Products
Virtually any type of product that consumers purchase may end up defective. Some of the most common products with defects include motor vehicles, water sports vehicles (including wave runners, flotation devices, jet skis, and boats), appliances, medication, household furniture, toys, household chemicals, and cleaning products.
If you purchased one of these products that contained a defect, and you suffered injuries or harm as a result, you may be eligible to take legal action against the product manufacturer or distributor. The Newport Beach product liability lawyers at Bentley & More LLP can review your circumstances with you and determine if you are eligible to file a claim or lawsuit seeking monetary damages.
If you can pursue legal action against the product manufacturer or designer, we can help you file your claim, negotiate with insurance company representatives and, if appropriate, finalize a settlement in your case. Otherwise, we can help you litigate your case to a resolution in the court system.
What Makes Products Defective?
Consumer products may be defective in several ways. The three most common types of product defects include manufacturing defects, design defects, and warning defects.
A product manufacturing defect exists when there is a flaw in the manufacturing process, and the product contains an error or problem when it leaves the manufacturer’s control. For an injured consumer to claim that a manufacturing defect existed, they must have been using the product in the proper way once they purchased it. An exploding soda bottle is a classic example of a simple manufacturing defect.
A design defect, on the other hand, exists when there is a flaw in the product’s design. In some instances, there may have been a reasonable alternative design for the product; while at other times, the product may fail to perform as a consumer should have reasonably expected it to perform, assuming the consumer used it correctly.
Finally, a warning defect exists when a manufacturer does not place the proper warning on a product, apprising consumers of potential hazards and dangers. Other times the manufacturer might put a warning on the product, but it might be too small or located in an area where the consumer is unlikely to notice or appreciate it.
When an injured consumer files a product liability claim, they may name the product manufacturer or any person/entity in the chain of product distribution as a potential defendant. Entities in the chain of product distribution may include designers, distributors, retailers, and wholesalers.
If you suffered injuries due to a defective product, the Newport Beach product liability lawyers at Bentley & More LLP can help you file your claim and recover the total monetary damages that you deserve for your injuries. We can also name all potentially responsible individuals or entities in your claim or lawsuit and, if necessary, pursue your case in the court system for total monetary damages.
Injuries That a Defective Product Causes
Defective products may cause various types of injuries, depending upon what occurs and how the product malfunctions. For example, if the product explodes, it may cause the accident victim to suffer burn injuries or eye injuries. Moreover, if the product malfunction is related to defective wiring, the injured consumer may suffer a burn injury or electrocution.
When motor vehicles or motor vehicle parts malfunction, a severe car crash may occur, resulting in soft tissue injuries, broken bones, traumatic head and brain injuries, spinal cord injuries, or paralysis. Also, defective household products, cleaning chemicals, or medication can produce internal injuries or illnesses.
If you suffered injuries due to a product defect, you should obtain the medical treatment that you need right away. In addition, contact the Newport Beach product liability lawyers at Bentley & More LLP to help you explore your available legal options and develop a plan for moving your case toward monetary compensation.
Legal Elements of a Strict Products Liability Claim or Lawsuit
The majority of product liability claims stem from a concept called strict liability. Therefore, a product manufacturer, designer, or distributor may be liable for your injuries, even if they were not negligent and even if they had no intention to cause harm.
As long as the consumer used the product in a reasonably foreseeable manner when the injuries occurred, they can hold the manufacturer or other entity in the chain of distribution legally responsible. However, an injured consumer will still need to prove the cause and damages in their claim to recover monetary compensation. Specifically, they must show that the product defect caused the malfunction and that, as a direct result, they suffered one or more physical injuries.
If you suffered injuries or illnesses due to a defective product, the Newport Beach product liability lawyers at Bentley & More LLP are ready to assist. If the insurance company is skeptical about the injuries you suffered, we can retain an expert who can prove that your injuries resulted from a product defect. We can also retain a medical provider who can supply the necessary causation opinion to relate your injuries to the product malfunction.
Filing a Product Liability Claim on Your Behalf
Pursuing monetary compensation in a defective product claim or lawsuit is often an uphill battle. This is because insurance companies for product manufacturers and distributors are often difficult. These insurance companies want to try to save themselves as much money as they possibly can. To do this, they make low initial settlement offers and delay cases unnecessarily. In fact, it is to their advantage to do so.
The skilled team of Newport Beach product liability attorneys at Bentley & More LLP know and understand the tricks and tactics that insurance companies and their adjusters routinely use to try to undervalue product liability actions. We can negotiate with insurance company representatives numerous times to convince them to increase their offer.
During settlement negotiations, we can point to various documents, including medical records, to prove the severity of your injuries and the causal connection between the product malfunction and your claimed injuries.
Class Action Lawsuits
A class-action lawsuit is when a group of similarly situated individuals take legal action against an at-fault individual or entity. For example, when numerous consumers suffer injuries from a defective appliance, motor vehicle part, or drug, they may collectively take legal action against the responsible manufacturer, designer, or distributor.
That company may have issued a recall on the product. In a class-action claim or lawsuit, individuals who suffered harm may receive a financial settlement or take the case to a jury trial or binding arbitration proceeding and then receive compensation.
How Do You Recover Monetary Damages for Your Injuries?
The total monetary recovery you receive in a product liability claim or lawsuit will depend upon various factors, including whether or not you are part of a class-action claim versus filing your claim or lawsuit individually. Other factors determining the settlement compensation you recover include the type of product malfunction that occurred, the type of product that malfunctioned, the injuries that you suffered, the medical treatment you underwent, and the cost of your medical treatment.
As a plaintiff in a product liability claim or lawsuit, you may recover monetary compensation for:
- Related past medical expenses
- Future medical expenses if you must undergo a medical procedure in the future due to the injuries you suffered
- Lost income from being unable to work
- Loss of earning capacity if you had to switch to a different job or career—and take a pay cut due to the injuries you suffered
- Past and future pain and suffering
- Mental distress and emotional anguish
- Inconvenience
- Permanent disfigurement or disability
- Loss of the ability to use a body part, such as a spinal cord injury or paralysis
- Loss of spousal companionship
- Loss of life enjoyment if your quality of life declined due to the injuries you suffered
The experienced Newport Beach product liability attorneys at Bentley & More LLP can help you determine which of these types of monetary damages you may be eligible to recover in your product liability case.
We can also help you establish a reasonable value for your case and set realistic expectations for the types and amounts of monetary damages you may receive through settlement or in court. Finally, we can help you review alternative dispute resolution options in your case, such as mediation or arbitration, as a means of resolving your case without going to trial.
Contact an Experienced Newport Beach Product Liability Lawyer Today
If you suffered injuries due to a defective product, you should seek the legal help you need as quickly as possible after the malfunction. Claims that result from defective products are subject to a very stringent statutory time period.
According to the statute of limitations in California, injured consumers have only two years from their date of injury to file a personal injury claim or lawsuit seeking monetary recovery. Absent several minimal circumstances, an accident victim who fails to file their lawsuit in a timely manner will not be eligible to receive monetary damages for their injuries. Reach out to a Newport personal injury lawyer.
At Bentley & More LLP, our legal team welcomes the opportunity to negotiate a fair settlement on your behalf and work to maximize the monetary damages you ultimately recover in your case. Unlike many other personal injury and product liability law firms, we do not shy away from taking catastrophic injury cases to trial. Therefore, if the insurance company does not compensate you fairly, we can litigate your case at a jury trial or binding arbitration proceeding and pursue maximum monetary recovery for your injuries.
For a free case evaluation and legal consultation with an experienced Newport Beach product liability lawyer, please call us at (949) 870-3800 or contact us online. We are ready to help.
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Bentley & More LLP – Newport Beach Office
4931 Birch Street
Newport Beach, CA 92660
Phone: (949) 870-3800