Do I have a case if a defective product causes me injury?
Yes, if the product was unsafe and caused you physical harm, you likely have a product liability claim. Whether or not the product was officially recalled, you may be entitled to compensation for your injuries, medical expenses, lost wages, and long-term impact. California’s product liability laws are among the strongest in the nation for protecting consumers. Our firm offers free consultations to help you understand your rights and determine whether you have a case.
What should I do immediately after getting hurt by a recalled or defective product?
Seek medical attention as soon as possible, then preserve evidence of the injury and the product. Your health comes first, so get treatment and document everything. Save the product, packaging, and receipts. Take clear photos of your injuries and the location of the incident. These steps are essential both for your recovery and for building a strong case against the company responsible for the dangerous product.
What if the product that injured me was recalled later? Does that help my case?
Yes, a product recall can strengthen your case, even if you only found out recently. Many of our clients were injured years ago and only discovered the product was defective after a recall was issued. A recall is not required to file a claim, but it can help show that the product was dangerous and should not have been sold. You may still have time to file a product injury lawsuit, depending on when you discovered the recall or defect.
Can I still sue if I did not keep the product or have the receipt?
Yes, there are various ways to prove ownership. We have helped clients obtain proof of purchase from retailers years after a sale. You may also have email confirmations, credit card statements, photographs, or witnesses who can verify ownership and use. While it is helpful to preserve the defective product, we can often proceed without it.
Will I lose my case if I was not using the product exactly as intended?
Not necessarily. Foreseeable misuse does not automatically disqualify your claim. Many injury cases involve products used in everyday ways that may not match the manufacturer’s original instructions. If the use was reasonably foreseeable and the product was still unsafe, you may still have a valid claim. Product manufacturers have a duty to design safe products and warn consumers of potential dangers.
Is my injury too minor to justify filing a product injury lawsuit?
If you sought medical care or told someone about the injury, you should consult a lawyer. Even injuries that seem minor at first can lead to medical bills, lost time at work, or long-term complications. If a defective product caused harm, you have the right to understand your legal options. Your case may also help protect others from future injuries.
How much does it cost to hire a lawyer for a defective product case?
There are no upfront costs. Our firm operates on a contingency fee basis, meaning we are only paid if you win or settle your case. Our clients have never had to pay anything unless we recovered compensation on their behalf. We are committed to making legal help accessible to anyone harmed by an unsafe consumer product.
Should I contact the manufacturer or a lawyer first?
Always talk to a lawyer first. Do not return the product or sign anything until you get legal advice. Manufacturers may offer refunds or replacements, or ask you to sign documents that limit your rights. Even if you have already signed a form or mailed the product back, we may still be able to assist you. Obtaining legal advice at the outset can protect your rights and help you avoid costly mistakes.
How long do I have to file a claim for an injury caused by a defective product?
In California, the deadline depends on when you discovered the product caused your injury. We have handled cases where clients were injured years ago but only recently connected their harm to a recalled product. In many cases, the legal time limit starts when you first learn the product may have been defective. Do not assume you are out of time; consult us to evaluate your situation.
Can I sue on behalf of my child if a defective product injured them?
Yes, and in California, children have longer deadlines to file a claim. Parents or legal guardians can file a lawsuit for injuries to minors caused by dangerous products. These cases often involve toys, baby products, furniture, or unsafe packaging. We handle child injury cases with urgency and care, and court approval of any settlement is typically required.
Who is responsible for a defective product: the store, the brand, or the online retailer?
In California, everyone in the chain of distribution may be held liable for a dangerous or defective product. This includes manufacturers, wholesalers, importers, retailers, and online marketplaces such as Amazon. A product injury case can still move forward even if the original company is out of business, particularly if an insurance policy or successor company is available to provide coverage. We are experienced in identifying all responsible parties, even in complex cases involving overseas sellers or third-party vendors.
Should I pursue legal action if I’m not typically litigious?
Considering legal action after an injury is a reasonable step. Asking questions after being injured is a practical and responsible choice. Filing a claim is not about being litigious; it is about standing up for your safety and protecting others. Your case could expose a widespread product defect, force a company to redesign its product, or prevent future injuries. Holding manufacturers accountable makes products safer for everyone.
Class Action FAQ
Can I join a class action if a defective product did not injure me?
Yes. If a defective product caused financial loss, stopped working as promised, or the company failed to honor its warranty, you may be eligible to join a class action. These lawsuits are often used when many people face the same issue with a product, such as malfunctioning electronics, appliances, or vehicles. Class actions help consumers recover money when the individual cost is too small to justify a separate lawsuit.
How do I determine if a class action lawsuit has been filed for a defective product I purchased?
If you have experienced problems with a defective product and have noticed that others are reporting similar issues, please contact our firm. We can check whether a class action has already been filed or determine if your situation may qualify for one. While companies are required to send legal notices when class actions are certified or settled, you do not need to spend hours searching online to find out what is happening. We can give you a clear answer quickly.
What is the difference between a class action and an individual case?
Class actions are typically filed when a defective product causes similar economic harm to multiple individuals, such as incurring repair costs or experiencing a loss of value. These cases focus on common issues that apply to all consumers in the group.
In contrast, personal injury claims are particular to each person. They require individualized proof of damages, causation, and liability. These individual issues tend to outweigh any commonalities, so courts rarely allow injury cases to proceed as a class action. Instead, injury victims usually file their own lawsuits or participate in coordinated proceedings where each claim receives the specific attention it requires. We can help you determine which path is best suited to your situation.