Product Liability

When we purchase or use a product for the first time, we expect it to be safe. When it turns out that the product is not safe and it has injured us or a loved one, the attorneys at Corsiglia McMahon & Allard, L.L.P. will take your case and aggressively advocate to defend your rights and pursue the justice that you deserve.

The statute of limitations tells us the span of time that we have to file a claim from when the initial injury happened. Product liability cases differ from other civil actions in that the injury is not always known immediately after the product was purchased or used. California law says that you have two years from the time when the injury occurred or should have been acknowledged. Therefore, the moment when you suspect that you or a loved one has been injured as the result of a defective product, it is important to contact a product liability attorney, like one who can be sought at Corsiglia McMahon & Alllard, L.L.P. One of them will gladly advise you on how to proceed with your case.

There are three general ways that a product can be defective. You will need to prove that the defendant distributed, manufactured, or sold a product:

• When you have been injured because of a manufacturing defect, you are alleging that the product in question was defectively manufactured, even in cases in which the manufacturer alleges that it took the utmost care in manufacturing the product. Following this instance, our attorneys may file a strict liability claim for a manufacturing defect.
• For cases that involve the defective design of a product, our attorneys will establish that the design of the injurious product was so dangerous that the design outweighed its benefit. There are two tests that the court will weigh in such cases, and it takes an experienced and knowledgeable attorney to successfully navigate the trial process for these types of cases.
• In cases involving lack of adequate warnings or instructions, our lawyers argue that even if the product was manufactured and designed correctly, the warnings and/or instructions that came with it failed to properly warn you, the consumer, about the dangers that it can produce. For example, if you buy a commercial drone, and the developers know that after 5 hours of flying time, the drone is at risk of dropping from the sky, the developer needs to warn you about that.

The first important thing to know is that California is a pure comparative negligence state. When pursuing a suit for a product liability case, a common argument that the defendant will use is that you contributed to your own injuries. Our attorneys are experienced in rebutting these arguments when they are raised. California uses the economic loss rule, which means that our dedicated attorneys will be pursuing damages on your behalf that are not purely economic. It ensures that we do not run into any obstacles during recovery and can pursue the best possible outcome for your case.

Contact Corsiglia McMahon & Allard, L.L.P. at (408) 289-1417 to speak with one of our fearless advocates. Let us hold the responsible party in your case accountable for the injuries that you have suffered.