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San Diego

Product Defect

Attorney

From electronics, household cleaning products, to even mattresses, consumer products can be defective leading to accidental injuries or even death. California product defect law holds manufacturers, distributors, and retailers responsible for compensating victims of defective products.

Whether caused by defective design, manufacturing defects, or inadequate labeling, our personal injury attorneys have the experience, skill, and resources to achieve life-changing results for you and your family.

In 2022, 12.7 million people were treated in emergency departments for injuries resulting from consumer products.*

*National Safety Council

Discover our approach

Product Defect

faqs

Our Approach

Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.

With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a product defect accident, contact us today for a free case review.

Navigate the Law

Understand and manage the complexities of your case with an expert legal team on your side.

Gather Crucial Evidence

Our legal team collects crucial evidence to present a compelling case.

Negotiate Settlements

We handle negotiations with insurance companies and opposing parties in order to achieve the highest settlements possible.

Representation in Court

Our experienced attorneys provide skilled representation if your case goes to trial.

Case Results

Our attorneys have a proven track record of achieving extraordinary results.

$25,360,000

Wrongful Death

A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.

$5,250,000

Brain & Spine Injury

A freeway collision resulted in brain and spine injuries.

$5,000,000

Spine Injury & Paralysis

A seatback collapsed in a rear-end collision, causing the occupant life-changing injuries.

$3,500,000

Wrongful Death

Campus security was speeding and collided with a student’s vehicle, killing her.

$3,010,000

Spine Injury & Paralysis

A head restraint broke off in a rear end collision, causing the driver to suffer a spinal cord injury.

$1,650,000

Wrongful Death

Adults served minors alcohol at a party. A minor then drove drunk and crashed, killing a passenger.

View all results

Real client stories

How It Works

Free Case Review

During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.

Detailed Investigation

Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case including accident scene examinations, inspecting the defective product, analyzing any prior complaints or recall notices, and gathering testimonies from those who witnessed the incident or have relevant information about the product.

Expert Collaboration

To strengthen your case, our firm collaborates with experts, including product engineers, safety analysts, medical professionals, and economists in order to demonstrate the existence of a defect, its impact on your accident, and the extent of your injuries.

Comprehensive Legal Strategy

Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.

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Settlement Negotiation

Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).

Litigation & Trial Representation

If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.

California Product Liability Law

In California, product liability law recognizes three main types of product defects that may give rise to legal claims: design defects, manufacturing defects, and marketing defects.

The Hulburt Law Difference

In-Depth Investigations

Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.

Tech-Forward Approach

We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.

Maximum Compensation

Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.

The Right Experience

Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.

Genuine Care

We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.

If I ever had a family member injured and needed legal assistance, I would call Conor.

Past Client

Conor is definitely the kind of attorney you want on your side: smart, focused, and relentless.

Patrick C.

I would highly recommend Conor for his outstanding service and attention to detail.

Trevor J.

Needing an attorney is daunting and stressful. Make it easier on yourself. Give Conor a call.

John D.

Conor is a thorough, thoughtful, and tenacious litigator who does everything he can to help his clients.

Opposing Counsel

His skill and talent in presenting cases at mediation and working them up has resulted in some of the largest settlement results this year. I can’t think of a better young attorney in San Diego right now than Conor Hulburt.

Local Mediator

Absolutely wonderful, patient and really puts effort into your case. Conor went out of his way to make sure we were taken care of.

Jasmine C.

In California, strict liability is a legal doctrine that applies to product defect cases, providing a basis for holding manufacturers, distributors, and sellers liable for injuries caused by defective products, regardless of fault or negligence. Under strict liability, a plaintiff does not need to prove that the defendant acted negligently or intended to cause harm. Instead, the focus is on whether the product was defective and whether the defect caused the plaintiff's injuries. Key points regarding strict liability include:

‍Burden of Proof

In a strict liability claim, the plaintiff bears the burden of proving three elements:

That the product was defective in design, manufacturing, or marketing.
That the defect existed when the product left the control of the defendant.
That the defect caused the plaintiff's injuries or damages.

‍No Requirement for Negligence

Unlike traditional negligence claims, strict liability does not require proof of negligence on the part of the defendant. Even if the defendant exercised reasonable care in designing, manufacturing, or marketing the product, they may still be held strictly liable for defects that cause harm to consumers.

‍Scope of Liability

Strict liability extends to all parties in the product’s distribution chain, including manufacturers, distributors, wholesalers, and retailers. Each party in the chain of distribution may be held strictly liable for defects in the product that cause harm to consumers.

‍Public Policy Rationale

The policy underlying strict liability is to ensure that manufacturers and sellers bear the costs of injuries caused by defective products, rather than placing the burden on injured consumers. Strict liability encourages manufacturers to design and produce safe products and provides consumers with a means of seeking compensation for their injuries without the need to prove fault.

‍Comparative Fault

California follows a system of comparative fault, which allows for apportionment of fault among multiple parties in a product liability case. If the plaintiff's own negligence contributed to their injuries, their recovery may be reduced proportionally based on their degree of fault.

In summary, strict liability imposes liability on manufacturers, distributors, and sellers for injuries caused by defective products, regardless of fault or negligence. This doctrine serves to protect consumers by holding responsible parties accountable for the safety of their products and providing a legal remedy for those injured by product defects.

In California, the risk-benefit test is another method used to determine whether a product is defective under product liability law. Unlike the consumer expectation test, which focuses on whether a product's design or performance meets the reasonable expectations of an ordinary consumer, the risk-benefit test evaluates whether the risks associated with a product’s design outweigh its benefits.

‍Balancing of Risks and Benefits

The risk-benefit test involves a balancing of the risks inherent in a product's design against the benefits provided by the product. It considers factors such as the likelihood and severity of potential harm, the feasibility of alternative designs, and the product's utility and usefulness.

‍Evaluation of Design Choices

Under the risk-benefit test, a product may be considered defective if its design poses risks of harm that outweigh the benefits provided by the product. This requires an evaluation of the design choices made by the manufacturer or seller and whether those choices adequately mitigate foreseeable risks.

‍Consideration of Feasible Alternatives

The risk-benefit test may consider whether feasible alternative designs or manufacturing methods could have reduced or eliminated the risks associated with the product while still maintaining its utility and functionality. If safer alternatives were available, the failure to adopt them may indicate a defect in the product's design.

‍Expert Testimony

The risk-benefit test often involves expert testimony from engineers, design experts, safety professionals, or other technical experts who can provide insights into the risks and benefits associated with the product's design. Expert witnesses may analyze factors such as industry standards, engineering principles, and risk assessment methodologies.

‍Application in Complex Cases

The risk-benefit test is particularly relevant in cases involving complex products or industries where technical considerations play a significant role in product design and safety. It allows for a more nuanced evaluation of product defects based on technical expertise and risk analysis.

‍Manufacturer's Knowledge and Conduct

In assessing whether a product's risks outweigh its benefits, the risk-benefit test may also consider evidence of the manufacturer's knowledge of potential hazards, their awareness of safer alternatives, and their conduct in designing, manufacturing, or marketing the product.

Overall, the risk-benefit test provides a framework for evaluating product defects based on a comprehensive analysis of the risks and benefits associated with a product's design. It allows courts and juries to consider technical and scientific evidence in determining whether a product is unreasonably dangerous.

In today's consumer market, there are several common types of product defect claims that individuals may pursue in product liability cases. These claims often arise from defects in design, manufacturing, or marketing that result in injuries or harm to consumers. Some common product defect claims today include:

‍Defective Automobile Parts

Claims related to defective automobile parts are prevalent and can involve various components such as airbags, brakes, tires, ignition systems, steering mechanisms, or electronic systems. Defects in these parts can lead to vehicle malfunctions, accidents, and injuries to drivers, passengers, or pedestrians.

‍Pharmaceutical Drug and Medical Device Defects

Claims involving defective pharmaceutical drugs or medical devices continue to be significant in product liability litigation. These claims may arise from defects in drug formulations, packaging, labeling, or medical device designs that result in adverse side effects, injuries, or complications for patients.

‍E-Cigarettes and Vaping Products

With the rise in popularity of e-cigarettes and vaping products, there has been an increase in product defect claims related to battery explosions, overheating, chemical exposure, or defects in device design or manufacturing. These defects can lead to burns, respiratory problems, or other injuries to users.

‍Consumer Electronics and Gadgets

Claims involving defective consumer electronics and gadgets, such as smartphones, laptops, or household appliances, are common. Defects in design, manufacturing, or batteries can lead to fires, explosions, electrical shocks, or other safety hazards for consumers.

‍Children's Products and Toys

Defective children's products and toys can pose serious risks to child safety. Common defects may include small parts that pose choking hazards, sharp edges, toxic materials, or design flaws that increase the risk of injuries such as falls or strangulation.

‍Household Products and Appliances

Defects in household products and appliances, including kitchen appliances, power tools, or furniture, can result in injuries such as burns, cuts, electric shocks, or structural failures. Common defects may include faulty wiring, inadequate safety features, or unstable designs.

‍Food and Beverage Contamination

Claims related to food and beverage contamination, such as pathogens, foreign objects, or chemical contaminants, can lead to foodborne illnesses, allergic reactions, or other health problems. These claims may involve manufacturers, distributors, or retailers in the food supply chain.

‍Building Materials and Construction Products

Defective building materials or construction products, such as roofing materials, insulation, or plumbing fixtures, can result in property damage, water intrusion, mold growth, or structural failures. Claims may arise from defects in materials, installation errors, or inadequate warnings.

‍Recreational and Sporting Equipment

Defective recreational and sporting equipment, including bicycles, helmets, exercise machines, or safety gear, can lead to injuries such as falls, collisions, or impact-related injuries. Common defects may involve design flaws, material weaknesses, or improper assembly.

‍Household Chemicals and Cleaning Products

Claims involving defective household chemicals or cleaning products may result from inadequate labeling, improper packaging, or chemical formulations that pose risks of poisoning, burns, or respiratory problems to consumers.

These are just a few examples of common product defect claims in today's consumer market. Product liability law is continually evolving, and new types of defects may emerge as technology advances and consumer preferences change. Individuals who have been injured or harmed by defective products should consult with an experienced product liability attorney to assess their legal options and pursue compensation for their damages and losses.

Request a Free Case Review

Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.

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San Diego

Product Defect

Attorney

Our Approach

Navigate the Law

Gather Crucial Evidence

Negotiate Settlements

Representation in Court

Case Results

How It Works

Free Case Review

Detailed Investigation

Expert Collaboration

Comprehensive Legal Strategy

Settlement Negotiation

Litigation & Trial Representation

California Product Liability Law

Design Defects

Manufacturing Defects

Marketing Defects (Failure to Warn or Inadequate Instructions)

The Hulburt Law Difference

In-Depth Investigations

Tech-Forward Approach

Maximum Compensation

The Right Experience

Genuine Care

Product Defect

FAQs

What is strict liability in product defect cases in California?

Who can be held liable for a product defect in California?

What is the consumer expectation test for proving design defect in California?

What is the risk-benefit test for proving design defect in California?

What should you do after being injured by a defective product in California?

What are the most common product defect claims in California?

Request a Free Case Review