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Frequently Asked Questions about Products Liability

Q: Who is responsible when a product causes an injury?

A: Manufacturers, wholesalers and sellers may all be responsible when a product injures someone. If the product is defective or it presents an unreasonable danger, and the defect or danger causes the injury, the injured party may have a case. The defendants can be found liable under theories of negligence, strict liability or breach of warranty.

Q: What kind of compensation or damages can be awarded in products liability cases?

A: Depending on the strength and the facts of the case, the plaintiff may recover compensation for medical bills, lost wages and pain and suffering. Punitive damages may be available if the defendant acted in a malicious or grossly negligent manner. The level of the award and its application depends on the state in which the litigation takes place.

The timely, cost-effective resolution of a products liability case calls for an attorney who is experienced and dedicated. Contact our firm today to schedule a consultation and case evaluation with a products liability attorney.

San Diego, CA Products Liability Attorneys

When businesses design and manufacture products for consumers, they owe a duty to do so in a reasonably safe manner. At the McClellan Law Firm, we have been advocating for the rights of those seriously injured by dangerous and defective products for over 20 years. Our ability to investigate and prove product liability cases also permits us to represent people seriously injured in all types of car accidents, truck accidents, SUV's, motorcycles or commercial airliner. Our belief is that litigating product liability cases, we are able to force businesses to understand the importance of manufacturing safe products from the beginning. With our team oriented approach, all of our attorneys will stay abreast of your case - no matter whom you talk to, they can help. For assistance dealing with your product liability case from a highly sophisticated law firm, contact the McClellan Law Firm in San Diego, California for a free consultation.

Products Liability - An Overview

Defective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail; when a product's defect becomes apparent, it can take the user by surprise.

Luckily, products liability is a well-established area of the law. If you have been injured, consult with an experienced products liability attorney from The McClellan Law Firm in San Diego, California, to discuss your options.

The federal government regulates some aspects of consumer product safety, but the laws affecting products liability litigation exist at the state level. Although the intricacies of these laws vary from state to state, the states share some overarching principles.

What Is Products Liability?

When a person uses a product in a reasonable manner and that product causes injury, the manufacturer, wholesaler or seller may be liable. Think of a hairdryer that emits a dangerous shock or a child's toy that contains small, sharp pieces: consumers should be able to use these products as they are intended to be used without worrying about being hurt. If you or a loved one has been injured by a product, consult with an experienced attorney to discuss your options.

Defective Products

Defective products can cause serious injury and even death. Defects can be traced to three main stages: when the product is designed, when the product is manufactured and when the consumer should receive instructions or warnings. If a product harmed you or a loved one, contact a products liability attorney to discuss your case.

Types of Products Liability Cases

Because we interact with so many different products in this country, injuries can have many different sources. Products that cause injury and even wrongful death range from cars and trucks to toys and children's furniture. If you or a loved one has been seriously injured by a product, contact a products liability attorney for guidance on how to proceed.

Special Considerations in Products Liability Cases

If you or a loved one has been injured by a defective product, the first thing to do is seek proper medical care. After that, you may wish to take legal action. Products liability cases can be complex, so it is important to seek the help of an experienced attorney. An attorney can help you sort out the details and secure the witnesses you need.

Products Liability Resource Links

US Consumer Products Safety Commission (CPSC)
The CPSC oversees more than 15,000 types of consumer products in the US. It establishes safety guidelines, sets fines and coordinates recalls of defective and dangerous products.

Federal Trade Commission (FTC)
The FTC is responsible for handling complaints about false advertising and fraud, including claims that relate to product quality.

Food and Drug Administration (FDA)
The FDA regulates the nation's drugs, medical devices, cosmetics and food. Its Web site provides information on its activities and recalled items.

Institute for Safe Medication Practices (ISMP)
ISMP is a nonprofit organization dedicated to informing both consumers and health care providers about the safe use of medication. The Web site discusses issues such as medication errors and easily confused drug names.

The McClellan Law Firm
1144 State Street
San Diego, California 92101
Tel: 619.231.0505
Fax: 619.544.0540
E-Mail the Firm

San Diego Business Litigation Lawyers | San Diego Personal Injury Lawyers | San Diego Auto Accident Attorneys
Telephone: 619.231.0505 | Fax: 619.544.0540

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"This website's mission is to provide comprehensive education about all aspects of personal injury, product liability, business litigation, car accidents and brain injury. Some of our most popular topics in San Diego are auto defects, vehicle rollovers, wrongful death, motorcycle accidents, truck accidents, employment law, and insurance law."

The Southern California personal injury and business litigation attorneys at the McClellan Law Firm serve clients in San Diego, Chula Vista, National City, Eastlake, Bonita, Lemon Grove, La Mesa, El Cajon, Mission Valley, Ocean Beach, Pacific Beach, Point Loma, La Jolla, Clairmont, UTC, University City, Miramar, Poway, Julian, San Marcos, Escondido, Carlsbad, Del Mar, Solana Beach, Encinitas, Cardiff, Oceanside, Lucida, Little Italy, Lakeside, Alpine, Coronado, Vista, Rancho Santa Fe, Rancho Bernardo, Santee, Valley Center, Imperial Beach, Scripps Ranch, Temecula, Murrieta, Spring Valley, San Ysidro, San Diego County, East County, and throughout the state of California. We also accept attorney referrals and co-counsel arrangements in complex personal injury litigation throughout the United States.