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defective products lawyer bakersfield

Defective Products Lawyer Bakersfield

At Ayuda California, our product liability attorneys have the experience and knowledge to help you if you have been injured by a defective product. We are well-versed in the laws that protect consumers against the harm posed by such products, and we will work tirelessly to hold the responsible parties accountable. Whether it is a medical device or food that has caused you harm, we will fight for the compensation you deserve.

Call us today for a free consultation. We are available 24/7

Defective Products Lawyer Bakersfield

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Identifying Product Defects

If you or a loved one has been injured by a defective product, you may be wondering if you have grounds to file a lawsuit. The answer depends on the type of defect. There are two primary categories of product defects under federal law: design defects and manufacturing defects. 

Design Defects

A design defect exists when a product is defective by its very design—that is, the defect cannot be corrected in the manufacturing process. An example of a design defect would be if a chair collapsed because of a flaw in its design. In such cases, the entire line of chairs would likely be defective and dangerous.

Manufacturing Defects

A manufacturing defect, on the other hand, occurs when a product that is otherwise safe has become defective because of an error during the manufacturing process. An example of a manufacturing defect would be if a toy was missing a small piece that was supposed to be included. In such cases, only the defective toys would pose a danger to consumers.

Proving Product Defects

In order to recover damages in a defective product lawsuit, you will need to prove that the product was defective and that the defect caused your injuries. Design defects are usually proven through expert testimony. An experienced defective product attorney will be able to help you find an expert who can testify as to the defective nature of the product.

Manufacturing defects are usually proven through evidence that the product did not meet the manufacturer’s specifications. This type of evidence can be gathered through inspection of the defective product, review of manufacturing records, or testimony from employees involved in the manufacturing process.

Common Injuries From Defective Products

Defective products can cause a wide variety of injuries, ranging from minor cuts and bruises to life-threatening injuries such as brain damage or paralysis. These include:

  • Burns
  • Cuts
  • Fractures
  • Organ damage
  • Soft tissue injuries
  • Wrongful death

Defective Product Recalls

Sometimes, defective products are recalled by their manufacturers. A recall is a voluntary action taken by a company to remove a defective product from the market. Recalls are usually initiated after the company becomes aware of reports of injuries or accidents caused by the defective product.

In this case, you may be able to recover damages by filing a claim against the company’s recall fund. These funds are set up to compensate victims of defective products that have been recalled.

Types of Product Liability Lawsuits

There are three main types of defective product lawsuits: breach of warranty, strict liability, and negligence.

Breach Of Warranty

A product warranty is a type of guarantee that the product will meet certain standards. There are two types of warranties: express and implied. An express warranty is one that is made by the seller, either verbally or in writing. An implied warranty is one that is not explicitly stated but is implied by the nature of the product. For example, if you buy a new car, you implicitly expect it to run properly.

If a product does not meet the standards set forth in its warranty, you may be able to file a lawsuit for breach of warranty. In order to succeed in such a lawsuit, you must prove that the defective product breached (failed to meet) the terms of its warranty.

Strict Liability

Under strict liability, manufacturers and sellers can be held liable for injuries caused by their defective products without having to prove that they were at fault. In order for strict liability to apply, you must show that: 

  • The defective product was sold in a defective condition;
  • The defective product caused your injuries; and
  • You were using the defective product as intended.

Negligence

In a negligence lawsuit, you must prove that the manufacturer or seller of the defective product was at fault for your injuries. In order to do this, you must show that:

  • The manufacturer or seller owed you a duty of care;
  • The manufacturer or seller breached that duty of care; and
  • The breach of duty caused your injuries.

The duty of care is the legal responsibility of manufacturers and sellers to make sure their products are safe. This duty applies to all products, regardless of whether they are defective.

Who Is Liable For Injuries From Defective Products?

The manufacturer, distributor, and retailer of a defective product can all be held liable for injuries caused by the defective product. In some cases, even the company that designed the defective product can be held liable.

The best way to determine who is liable for your injuries is to consult with an experienced defective products lawyer. He or she will review the facts of your case and help you identify all of the potential defendants.

What Is The Statute Of Limitations For Defective Product Lawsuits?

Each state has its own statutes of limitations for defective product lawsuits. A statute of limitations is a law that sets a deadline for filing a lawsuit. If you miss the deadline, you will be barred from filing a lawsuit.

In California, the statute of limitations for defective product lawsuits is two years. This means you have two years from the date of your injury to file a lawsuit against the liable parties. If you miss the deadline, you will be unable to recover damages for your injuries.

Ayuda California defective product lawyers will help ensure that your claim is filed within the statute of limitations.

What Damages Can I Recover In A Defective Product Lawsuit?

If you are successful in your defective product lawsuit, you may be able to recover compensatory damages and, in some cases, punitive damages.

Compensatory damages are designed to compensate you for your injuries. They can include damages for medical expenses, lost wages, and pain and suffering.

Punitive damages are designed to punish the liable parties and deter similar conduct in the future. In order to recover punitive damages, you must prove that the liable party acted with malice or gross negligence.

Experienced Defective Products Lawyer Bakersfield CA

If you have been injured by a defective product, you may be entitled to compensation for your injuries. An experienced defective product attorney will be able to help you investigate your claim, gather evidence, and file a lawsuit against the responsible parties.

At Ayuda California, our defective products lawyer Bakersfield brings years of experience handling these types of cases. We have a proven track record of success in defective product lawsuits and we will fight to get you the compensation you deserve.

Contact us today to schedule a free consultation. We serve clients in Bakersfield and throughout California.

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FAQs: Personal Injury Attorney Bakersfield CA

Here are some of the most common questions about our personal injury law firm in Bakersfield, California.

To file a personal injury claim in Bakersfield, you’ll need to contact an experienced accident attorney. They can help you gather the necessary evidence and will know how to navigate the legal system.

The statute of limitations for filing a personal injury claim in California is two years from the date of the accident. This means that you have two years from the date of the accident to file a claim. If you don’t, you may be barred from doing so.

We work on a contingency basis, which means that you won’t have to pay anything upfront. At Ayuda California, our personal injury clients pay us ONLY if and when we win your case.

The amount of compensation you can receive will depend on the severity of your injuries. Personal injury victims may be entitled to medical expenses, lost wages, pain and suffering, and more.

The amount of time it takes to settle a case will depend on the complexity of the case. Some insurance claims can be resolved quickly, while others may take months or even years. An experienced accident attorney will be able to give you a better idea of how long your particular case is likely to take.

No matter what your personal injury case may entail, our legal team at Ayuda California is here to help. We have a solid track record and legal experience handling a wide range of cases for innocent victims. We will do everything we can to get you the compensation you deserve.

If you are in Bakersfield, contact us today for a free consultation. We work on a contingency fee basis, meaning we charge zero fees unless we win. We have recovered millions of dollars for our clients. We’d like to do the same for you.

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