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Can I sue for a Defective Product Injury?

Suffering illness or injury as the result of a defective product is a serious matter. The use of a defective product can have damaging and lasting consequences for you or your loved ones. If you’re wondering, “Can I sue for a defective product injury?” there are several considerations to keep in mind if you plan to hold the product’s manufacturers responsible through a personal injury claim.

What Can Be Done About a Defective Product Injury?

If you are injured or otherwise damaged from a defective product, a defective product liability claim may allow you to recover financial damages.  Although injuries from a defective product can take on a range of forms, these types of lawsuits typically fall into three categories:

  • Defective manufacturing lawsuit — This claim can be brought when the improper manufacturing of a product led to its incorrect function and, ultimately, your injury.
  • Defective design lawsuit — When a product is manufactured according to plan and still causes injury or other damages as a result of its use, the victim can file a defective design lawsuit.
  • Defective marketing lawsuit — When a product bears insufficient instructions or warnings to guarantee proper use, the victim can sue for damages.

What is the Statute of Limitations for a Defective Product Injury?

A state’s statute of limitations places a deadline on things like suing for personal injuries in an accident or damages resulting from defective products. The laws of different states differ on these limitations, which means a victim in one state could have more or less time than a similar victim in a different part of the country.

In California, the victim of a defective product injury has two years to recover damages.

Who Can Be Held Liable for a Defective Product Injury?

This question is complicated and depends on the nature of the product. In some cases, individuals or companies including manufacturers, distributors, retailers and others could ultimately be held responsible depending on the role they play in the creation and selling of the product.

An experienced defective product injury lawyer can help you determine which parties are liable to you for the damages you received as a result of using the product.

What Types of Compensation Can I Collect?

In defective product injury lawsuits, two types of damages can be assessed against the at-fault parties: compensatory damages and punitive damages.

The distinction between the two is somewhat technical, but compensatory damages refers to the way a lawsuit can restore a victim to their previous state prior to the damage they received. These damages can be seen as the sum of damages resulting from an inability to work, medical expenses, and other economic losses.

Punitive damages, on the other hand, can be interpreted as a sort of fine levied against the at-fault parties for their negligence.

A defective product injury lawyer can work with you to determine the true value of your injury claim.

Partner with a Defective Product Injury Lawyer

Dealing with the aftermath of a defective product injury can be messy and complicated. Receiving a fair settlement for your damages, however, shouldn’t be. When you partner with The Kindley Firm, APC, you can rest assured that an experienced team of lawyers will be working to get you the settlement you deserve.

Want to reach out to a defective product injury lawyer? Call 619-550-1313 to get started with a no-obligation consultation.

  • No fees unless we win
  • No obligation to continue beyond the case review
  • Get all your legal questions answered