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Garmo & Garmo Attorneys at Law LLP
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Product Liability Attorneys in La Mesa

Upon being injured due to a defective product, you can sue for compensation under California state law. Manufacturers are liable to ensure that the products they sell are safe for use. They must include warnings on improper use and inform the customer of possible hazards, depending on the product type. An experienced California product liability lawyer can help if you have been injured by a product.

The attorneys at Garmo & Garmo understand how to take on well-funded adversaries, such as the large product manufacturing companies. We have the skills and knowledge to assist you in proving product liability by these companies and pursue the maximum settlement award through insurer negotiation or in court.

California Product Liability Laws

The two primary legal theories one can base a product liability case upon in California are negligence and strict liability.

A lawsuit based on negligence necessitates the injured party (plaintiff) to show negligence on the part of the defendant in the production or creation of the product in question. For instance, the company may have been careless in its production regulations, training protocols, or safety measures, resulting in a faulty product.

Under strict liability laws, an injured party can sue for damages without having to prove negligence by the manufacturer. For this rule to be applicable, the product must have one of the following three defects, this is possible:

  • Inherent design flaws
  • Manufacturing errors
  • Marketing defects

Strict liability laws aim to protect consumers from products that are hazardous due to defects.

Product Liability Claims: Types

Following are three types of product liability claims:

Design Defect

A design defect occurs at the product design stage before production. For instance, a company may design a washing machine such that it has a faulty door mechanism. The problem lies in the manner in which the engineer originally designed the latch system. If the latch system causes injuries to consumers, the manufacturer may be responsible for the washing machine defect.

Manufacturing Defect

A manufacturing defect occurs in the production and assembly stage of the product and before the sale. If a company produces 10,000 riding lawnmowers, a specific number of lawnmowers might have a production defect that causes the seat to eject its operator upon use. When a manufacturing defect occurs, not all products that a company manufactures are faulty. Only a few might have a fault that harms consumers.

If a company’s manufacturing technique causes defects in products that injure consumers, the company might be held accountable for the consumer’s injuries and other damages.

Marketing or Advertising Defect

Under marketing or advertising defect, a company may be found responsible for:

  • Advertising a product for a purpose for which it wasn’t suitable
  • Failing to include appropriate warnings or instructions with the product

How do I Know if I Have Bought or Used a Faulty Product?

Every product that fails or breaks with usage is not considered defective. If you do not have experience in the field of law, it can be challenging to differentiate. A general guideline is if you were using the product as intended and you sustained injuries unrelated to the routine wear and tear or improper use of the product, then you might have a product liability claim.

The Consumer Product Safety Commission provides a list of recalled products, press releases, and safety education materials to allow consumers to remain educated on various products found to be faulty and create safety hazards.

Lawsuit against a Manufacturer or Distributor

If you have sustained an injury due to a faulty household appliance, children’s toy, consumer good, auto part, medication, or medical device, you aren’t alone. Over the years, countless manufacturers have been sued because of hazardous or defective products hitting stores. You might be entitled to take legal action against the manufacturer or distributor that led to your injuries.

The seasoned product liability attorneys at Garmo & Garmo have years of experience handling such complex claims. We have the resources to take on large manufacturers and companies when they fail to protect customers from defective and unsuitable products.

Common Injuries Related to Consumer Product Accidents

Depending on the product that malfunctioned, injuries can vary significantly in degree and type. The most common injuries related to consumer product accident are as follows:

Injury from Defective Auto Parts (Tires, Airbags, Seatbelts)

If critical auto parts malfunction, it can often cause a severe or fatal injury. Every time you enter a vehicle, you are placing substantial trust in the vehicle’s manufacturer that the vehicle will run properly. When a car part does not function properly, it can be quite scary and even life-threatening.

Home Appliance Burns

Some of the products that are most likely to malfunction are home appliances. Faulty home appliances can cause serious third-degree burns, be it a water heater or a toaster. A product liability attorney can help you understand the liability of the parties involved.

Injury from Faulty Power Tools

At times, the tools we trust to fix and enhance our homes can cause serious physical injury to us or someone we love. This occurrence is often not the fault of the user but rather is an outcome of a product accident.

Sickness

Creating sickness within consumer is another “injury” associated with product malfunction. Children’s toys are a common example of this type of injury, which can sometimes contain such excessive phosphorus or lead levels that it can cause illness. According to product liability law, the manufacturer is primarily responsible for their negligence and defective product.

Legal Help from Competent Defective Product Attorneys

The initial step to securing the compensation you deserve as a victim of a dangerous or faulty product is hiring an experienced product liability lawyer. The statute of limitations applicable to filing a claim can be as short as two years from the incident date.

It is prudent to seek legal representation for your case as soon as possible. The attorneys at the law offices of Garmo & Garmo in La Mesa, CA possess the legal skills along with the technological and financial resources needed to prove your case. For a free, no-obligation case review, call our office today at (619) 441-2500.

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Garmo & Garmo, LLP office update (January 4, 2021)

Garmo & Garmo, LLP’s physical office is open to assist you with your legal needs.  We are following the strict guidelines established by the Centers for Disease Control (CDC), State of California and County of San Diego.  Unless necessary, in-person meetings will not be held in our office.  Our office can conduct phone meetings or video meetings with clients/visitors.  Please note the local San Diego courts are open for most business operations. 

Please consider the following if you must come to our physical office:

  1. All clients/visitors must wear facial coverings at all times while in our office.
  2. All clients/visitors must practice social distancing while in our office.  This includes maintaining a minimum of six feet from our staff and others.
  3. For the safety of our staff and others, all sick clients/visitors may not enter our office.
  4. All clients/visitors will have their temperature taken when they enter our office.
  5. Please do not enter our office if you have any of the following symptoms:

    • Fever or chills
    • Cough
    • Shortness of breath
    • Fatigue
    • Muscle or body aches
    • Headache
    • New loss of taste or smell
    • Sore throat
    • Congestion or runny nose
    • Nausea or vomiting
    • Diarrhea

We are closely monitoring the latest advisories from the Centers for Disease Control (CDC), State of California, County of San Diego and the local court system. We will update our policies as we receive new information.

We appreciate your patience and confidence in Garmo & Garmo, LLP’s ability to serve you.