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Home | My Child Suffered An Injury From A Recalled Product, Can I File A Lawsuit?

My Child Suffered An Injury From A Recalled Product, Can I File A Lawsuit?

by | May 11, 2015 | Defective Product Accidents

When a product is recalled, there are safety issues involving a manufacturing defect that might harm or did harm a consumer. The manufacturer attempts to retrieve the defective products from customers and offers compensation for them. A public announcement is made about the recall, and the manufacturer asks consumers to return the products.

Children suffer unintentional injuries from products daily. Injuries might come from toys, cribs or food. When a child is injured by a product, their parents can consult with us about the viability of a product liability lawsuit.

California Product Liability Law

The law in California requires the designers, manufacturers, distributors and retailers of products to ensure that the goods they place into the stream of commerce do not cause an unreasonable risk of harm to consumers. Children are particularly defenseless in this context. Be it a child or an adult, when somebody is injured by a defective product in California, the product liability case involves a design defect, manufacturing defect or a failure to warn of the dangers of using the product.

Proving Product Liability

Our job is to establish the nature and extent of the injuries suffered through photographs, medical records and medical testimony. Then we are required to prove that the product was being used for its intended purpose and that the injuries claimed resulted from a design defect, manufacturing defect or a failure to warn. It is pivotal that the product alleged to have caused the injuries be preserved. Without it, there probably isn’t going to be a product liability case.

Timeliness of The Lawsuit

The general rule is that the statute of limitations for bringing a lawsuit for personal injuries sustained by an adult in California is two years from the date of injury. Failure to file an injury lawsuit within the specified statute of limitations can forever bar a person from seeking compensation. There are some exceptions to this rule that can make it shorter or longer. They are very limited. When a minor suffers personal injuries, the statute of limitations does not start running until they are reached their 18th birthday. Add two years to that, and you have the applicable statute of limitations.

If you feel that you or your child was injured by a defective product, contact Chris and Frank as soon as possible after the injury. You’ll get a consultation at no cost and a case evaluation from a law firm with extensive product liability litigation experience.

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