Product liability cases arise when a product causes harm to a consumer due to a defect or failure to warn of possible dangers. If you have suffered an injury or other losses because of a defective or dangerous product, you may be eligible to file a product liability lawsuit in California. In this guide, we will discuss the necessary steps required for filing a product liability lawsuit in California.
Table of Contents
Determine If You Have a Product Liability Case
To pursue a product liability case in California, you must be able to prove three things:
- The product was defective or dangerous
- The defect caused your injury or loss
- The product was being used as intended at the time of injury or loss.
If you believe that your injury or loss was caused by a defective or dangerous product, you should speak with an attorney who specializes in product liability lawsuits. They can help you determine if you have a case and provide guidance throughout the legal process.
Choose an Attorney
Choosing the right attorney is essential when filing a product liability lawsuit. You should choose an attorney who is experienced in product liability cases, and who has a good reputation for working with clients. Your attorney should also have a successful track record in court, as well as experience negotiating settlements.
Collect Evidence
If you plan to file a product liability lawsuit in California, it is important to gather as much evidence as possible to support your case. Evidence that may be helpful includes:
- Photos and videos of the product and your injuries
- Medical records and bills
- Witness statements
- Any communication (emails, letters, invoices, etc.) related to the product
- The product itself, if possible
The more evidence you have, the better your chances of success in court or in settlement negotiations.
File Your Lawsuit
In California, the first step in filing a product liability lawsuit is to prepare a complaint, which is a legal document filed with the court outlining your claims and damages. Once your complaint has been prepared and filed with the court, you will need to send a copy to the party or parties you are suing.
After the complaint has been filed, the opposing party will have a set amount of time to respond. If they do not respond within that time frame, you may be eligible for a default judgment. If they do respond, your case will proceed to trial or to settlement negotiations.
Prepare for Trial or Settlement
Once your lawsuit has been filed, it is time to prepare for trial or settlement negotiations. During this phase, both parties will gather evidence and take depositions. Your attorney will work with you to prepare your case for presentation in court or to negotiate a settlement.
Conclusion
Product liability lawsuits can be complex and time-consuming, but with the help of an experienced attorney, you can pursue compensation for your injuries and losses. If you believe that you have a product liability case, it is important to act quickly to preserve evidence and file your lawsuit within the statute of limitations. In California, you generally have two years from the date of injury to file a product liability lawsuit.