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Orange County Product Liability Lawyer

product blueprintWhen we buy something, we assume it’s safe to use as directed. That’s usually the case, but some products are inherently dangerous and cause injuries and deaths.

Product liability law may come into play if you or a family member are in this situation.

Legal Representation for Those Injured by Unsafe, Defective Products

Aaron Hicks is an Orange County product liability attorney who helps accident victims obtain the compensation they deserve. These cases can be highly technical, and product liability law is complex. The Hicks Law Firm is ready and able to help you reach the best outcome possible if you’re injured in this way.

If an unsafe product causes a physical injury or damages your property, there may be different legal approaches that could be successful. They include strict product liability, negligence, and breach of warranty. Often more than one of these legal theories is used in these cases.

What is Strict Liability?

You would not need to prove that a party was negligent or intended to hurt you. Instead, you must show that the product was defective, that defect existed when the product left the defendant’s control, and that the defect caused your injuries.

That defect could be due to one or more reasons:

  • Design: The product’s design or engineering makes it inherently unsafe or unreasonably dangerous, no matter how well constructed. You would need to show that a reasonable, feasible, alternative design is available and that it would’ve prevented or at least reduced your injury without significantly reducing the product’s usefulness
  • Manufacturing: The product’s design is adequate, but how the product is made or assembled makes it unreasonably dangerous even if you use it as instructed
  • Inadequate warnings or instructions: The directions and or warnings need to be clear, sufficient, and cover known hazards. Failure to warn of known dangers or instruct users on how to avoid them makes the product defective and dangerous

This approach is based on at least one expert’s product analysis. A case may hinge on that expert’s ability to explain their opinions to an insurance company, judge, or jury.

What is Negligence?

The elements of a negligence cause of action are:

  • The defendant has a legal duty or obligation to use due care given the circumstances
  • The defendant breached that legal duty or obligation
  • The breach is the factual and legal (or proximate) cause of your injury

Because of the relationship between you and the defendant, they must provide you with a safe product. The defendant can be a party designing, manufacturing, distributing, or selling it, and you’re the purchaser or user.

The defendant failed to live up to their legal duty or obligation to provide a safe product by doing something they shouldn’t have done, they failed to do something they should have done, or both. That breach resulted in the accident, which caused your injury.

What is a Breach of Warranty?

This is a cause of action based on a contract claim and is often used when a product injures someone.

Three kinds of warranties may be involved:

  • An express warranty
  • An implied warranty of merchantability
  • An implied warranty of fitness for a particular purpose

An express warranty that a product is safe to be used as instructed can be based on what the party says or writes down. An implied warranty exists as a matter of law, depending on the circumstances.

What Injuries are Caused by Defective Products?

Defective products encompass various consumer goods, including medical devices, pharmaceuticals, vehicles, household appliances, and children’s toys. These products can lead to various types of injuries, including:

  • Physical Injuries: Physical harm, including burns, lacerations, broken bones, traumatic brain injuries, spinal cord injuries, and organ damage
  • Health Complications: Faulty medical devices and dangerous drugs can cause long-term health complications, worsen existing medical conditions, or lead to adverse reactions, such as allergic reactions or organ failure
  • Electrical Injuries: Defective electronics or electrical appliances can cause electric shocks, electrical burns, and other electrical injuries, which may result in permanent damage or even death

Insurance claims and legal actions can also be brought if a defective product causes property damage or reduces a property’s value without injuring someone.

How Can the Hicks Law Firm Help?

Our dedicated team of Orange County product liability lawyers is committed to providing clients with effective legal representation and personal attention:

  • We can evaluate your case and determine its chances of success. We will give you an honest assessment of your legal options so you can make informed decisions on what to do
  • If we’re retained, the Hicks Law Firm will conduct a comprehensive investigation, work with experts, gather documentation, and collect witness statements to establish the defect and how it caused your injuries. We will zealously defend your rights when seeking a settlement through negotiations and during litigation if the defendant won’t agree to fairly compensate you for the harm done

The Hicks Law Firm is here to help you hold parties accountable for how your life’s been impacted by their unsafe product.

Contact an Experienced Orange County Product Liability Lawyer in Costa Mesa

If a defective or dangerous product injures you or a loved one, you might be entitled to compensation from those who manufactured, distributed, and sold it.

The Hicks Law Firm has helped numerous consumers recover compensation for injuries caused by dangerous products. We are paid on a contingency fee basis, so you won’t pay us unless your claim settles or succeeds at a trial. Call 949-541-9944 or fill out our online contact form so we may discuss your Orange County product liability case and what you should do next.