
Important "Truths" about California Products Liability Law
Unsafe products account for untold injures in California and America each year. By and large, manufacturers dodge responsibility and routinely blame users for product defects. Manufacturers' first defense is to blame the user. "Operator error" is a favorite defense. Shifting responsibility from the manufacturer to the user is a game manufacturers' play. Only it's a deadly game. And, if you or your family members are "it" - - the results are often tragic. .
Most attorney web sites give you bubbly language about all the things they are going to do for you. We are a tad different. We are going to tell you the truth. Even when the truth hurts. Here are some "truths" about products liability lawsuits.
Truth number one, products liability cases are incredibly expensive. If you are not seriously injured or have had a family member killed by an unsafe product it usually is not cost-efficient to bring a lawsuit at all. The last thing you want is to the case expenses to be more than the recovery.
Truth number two, is because of the huge expense in bringing products liability lawsuits, manufacturers usually "get-away" with injuring folks. Because, most product lawyers realize that the case is not justifiable economically if it is not a large damage case. Sad, but true.
Truth number three, strict liability is usually called "liability without fault." However, if your lawyer can not show that the company "did something wrong" then your chances of success at trial are much, much less.
Truth number four, manufacturing defect cases (products that break and cause injury, such a weld failure) are much stronger than design defect cases. It is easier to prove that something wasn't supposed to break than it is to prove a design defect case.
Truth number five, many - if not most manufacturers - fight and defend design defect cases to the bitter end. I call it the "not my Johnny" defense. When you challenge a company's design, you can usually expect a big-time fight. That is the basis of our office's philosophy with all cases we accept, and especially products liability cases: we don't file the lawsuit unless we are ready to take the case to trial.
Truth number six, it is very, very difficult to win a products liability case in Federal Court. If your lawyer can not file and keep your case in State Court, then you had better take a hard second look at the case. Federal evidence law is has lurched hard to the right in the last 10 - 15 years. It is extremely difficult to prevail in federal court. In this writers view, the Federal Courts (read US Supreme Court) cares much more about corporate rights than consumer rights. It's tough to get a fair trial in Federal Court. It wasn't always this way. Hopefully, it won't always be this way.
The bottom line is this. You need a good honest products liability lawyer if you are seriously injured or have had a family member killed by a defective product. Which California products liability lawyer you hire, will usually mean the difference for your case. Be sure the San Diego unsafe product attorney you hire has the skills, courage and abilities to take on these powerful companies.
There are some very, very talented product liability attorneys in San Diego. If we are not the best fit for your case, we will help you find the right San Diego Product Liability lawyer for your case. Remember, you need an honest San Diego product defect attorney from San Diego.
The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540
The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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