Were you injured by a defective product in Monterey County, California? Call Mercado Kramer, LLP for a free consultation at (888) 311-4050. Our Monterey County product liability lawyers can help you file a claim for as much compensation as you’re entitled to under the law.
You can count on our personal injury law firm to help you secure the results you need and deserve. With 18 years of combined experience and millions of dollars recovered on behalf of our clients to date, you’ll be able to focus on your health while we handle your legal claim in its entirety.
Why Choose Mercado Kramer, LLP for My Product Liability Case in Monterey County, CA?
Product liability claims are among the most complex areas of personal injury law. You’re typically going up against major corporations in these cases that are backed by corporate legal teams and well-funded insurance carriers. These companies will invest heavily in defending themselves, and they won’t hesitate to blame you for your own injuries if it means paying you less.
Mercado Kramer, LLP has the resources to stand up to these defendants on your behalf and ensure you aren’t taken advantage of. Here’s why our clients trust our Monterey County injury attorneys with their product liability cases:
- We have nearly two full decades of combined experience practicing law
- We’ve already secured substantial recoveries for clients in the area just like you
- We will prepare your case as though it may go to trial
- We can hire top-rated expert witnesses to strengthen your claim
- We’ve received accolades from the Multi-Million Dollar Advocates Forum, The National Trial Lawyers, and other legal organizations for our exceptional work
Contact our product liability lawyers in Monterey County, CA, today for a free case review. We can answer any questions you might have about your case when we meet.
How California Product Liability Law Works
California has some of the most robust consumer protection laws in the country when it comes to defective products. Under the state’s strict liability doctrine, a company that is involved with a defective product can be held liable for injuries that the product causes, regardless of whether the company was negligent.
What this means for you as a consumer is significant. You don’t have to prove that the opposing party was careless to recover compensation. In many cases, you simply need to show that the product was defective, that the defect existed when the product left the defendant’s control, and that the defect caused your injuries.
Types of Product Defects Under California Law
Not all defective products are flawed in the same way. California law recognizes three distinct categories of defects, each of which can serve as the basis for a product liability claim.
- Design defects: This type of defect is when the product’s design itself is inherently dangerous
- Manufacturing defects: These defects occur when something goes wrong during production, causing a specific batch or individual unit to deviate from the intended design
- Marketing defects: This category covers situations where a product lacks adequate instructions or warnings about known risks
Our product liability attorneys can evaluate the facts of your case and determine which type of defect applies to your situation. Contact us today for a free consultation to learn more.
Who Can Be Held Liable in a Monterey County Product Liability Case?
One of the advantages of California’s strict liability framework is that liability can extend across the entire distribution channel. You aren’t limited to suing just the manufacturer. Depending on the facts of your case, you may be able to pursue a claim against multiple parties.
Potentially liable parties in a product liability case include:
- The company that designed the product
- The manufacturer
- Distributors and wholesalers
- Retailers that sold the product to you
- Companies responsible for marketing the product
You also don’t necessarily need to be the person who originally purchased the product to file a claim in California. If you were injured by a defective product as a user or even as a bystander, you may still have a valid case.
What Kinds of Damages Can I Recover in a Monterey County Product Liability Case?
California law allows product liability victims to pursue both economic and non-economic compensatory damages. Punitive damages may also be available under certain circumstances.
Economic damages compensate you for your measurable financial losses, such as:
- Medical bills
- Future medical care
- Lost wages
- Diminished earning capacity
- Rehabilitation and therapy costs
- Out-of-pocket expenses
Non-economic damages address the personal toll your injuries have taken, including:
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of consortium
Punitive damages may come into play when the defendant’s conduct was particularly egregious. However, note that your case must generally reach trial for punitive damages awards.
How Much Is My Monterey County Product Liability Case Worth?
Product liability cases can vary dramatically in value. A claim involving a minor allergic reaction to a mislabeled ingredient is going to look very different from one involving a catastrophic injury caused by a defective piece of heavy machinery.
Several key factors will shape what your case may ultimately be worth such as:
- How severe your injuries are and whether they are permanent
- The total cost of your past and anticipated future medical care
- How much income you’ve lost and whether your ability to earn a living has been affected long-term
- The degree of pain and disruption the injury has caused in your daily life
- How compelling the evidence is linking the defect to your injuries
- Whether the defendant attempted to conceal the defect
- The financial resources and insurance coverage of the liable parties
We can provide you with more personalized insight as to your claim’s potential value during your free case review.
What If I’m Being Blamed for My Product Liability Injuries in California?
California follows a pure comparative negligence standard that applies to product liability cases. Under this rule, you can still recover compensation even if you were partially at fault for your injuries. Your total damages will be reduced by whatever percentage of responsibility is attributed to you, but your claim is never completely barred regardless of your share of fault.
For example, if a jury determines that a defective power tool caused your injuries but that you were 25% at fault for not following the safety instructions, and your total damages amount to $200,000, your recovery would be reduced to $150,000.
Defendants in product liability cases frequently try to escape responsibility by blaming the victim. Our personal injury attorneys can push back against these blame-shifting tactics and work to protect the full value of your claim.
How Long Do I Have to File a Product Liability Lawsuit in California?
California’s statute of limitations typically gives you two years from the date of your injury to file a product liability lawsuit. Missing that deadline can permanently eliminate your ability to seek compensation in court.
One important nuance to be aware of is the discovery rule. In some product liability cases, the harmful effects of a defective product don’t become apparent right away. When that happens, the statute of limitations may begin running from the date you discovered or reasonably should have discovered the injury rather than the date you first used the product.
Regardless of when the clock starts, getting in touch with a product liability attorney as soon as you can gives your legal team the best chance to preserve critical evidence and ensure your claim is filed on time.
How Much Does It Cost to Hire a Product Liability Lawyer in Monterey County?
Mercado Kramer, LLP handles product liability cases on a contingency fee basis. Instead of paying us up front or by the hour, we only receive payment for our work if we successfully handle your case.
We’ll sign an agreement detailing terms so that you will know what to expect as well. The main thing to keep in mind, however, is that our interests will be aligned with yours in that we only get paid if you do.
Schedule a Free Consultation With Our Monterey County Product Liability Attorneys
Defective products have no business being on store shelves, and the companies that put them there should be held liable when consumers are injured as a result. Mercado Kramer, LLP is here to help you file a claim for maximum compensation against everyone who shares legal responsibility.
Contact our Monterey County product liability attorneys today to schedule a free consultation and get started with your case.
