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Product Liability Attorney in Elk Grove & Sacramento Area

Every year in the United States, 34 million people are injured or die from accidents involving defective products. Thankfully, as a consumer in California, you are protected against defective products under product liability law.

Product liability is the area of law in which manufacturers, distributors, suppliers and others who make products available to the public are held responsible for the injuries products cause.

Yes, each of these has a responsibility to ensure that their products, when used as intended, will do no harm. When a company fails in this responsibility, resulting in an injury or fatality, the injured person or surviving family members may claim compensation for both economic and non-economic damages.

Pursuing a product liability action with the assistance of experienced and trusted personal injury attorneys, like those at the O'Brien & Zehnder Law Firm, can greatly aid in the success of such claims.

Types of Product Defects

Product defects typically fall into three categories:

  • Design defects
  • Manufacturing or assembly defects
  • Marketing or "failure to warn" defects

Strict Liability for Defective Products

"Strict liability" is a legal rule that governs most defective product actions. It's a part of product liability law that puts responsibility on the company behind the product even if the company shows proof that they attempted to prevent a defect from happening. What does this mean for the injured victim? This means that if you have suffered damages from using a particular product, you do not have to prove that the manufacturer was negligent - only that you were injured while using the product for its stated purpose.

It is important to provide the evidence that proves the product (that caused the injury or fatality):

  • Was unaltered from its original condition,
  • It contained a defect,
  • That the defect was the immediate cause of the injury or death, and
  • That the victim and/or surviving family members suffered damages as a result.

Although it may seem simple, just because an injured person is required to prove less in a strict product liability action, it does not mean a defendant's liability is automatic. Product liability actions can quickly become more complex and complicated.

At times, product liability actions are based on other legal theories. These may include any of the following:

  • Negligence,
  • Breach of express warranties (violation of a written warranty), and
  • Breach of implied warranties (where the product does not comply with minimum expected standards)

Speaking with our personal injury lawyers based in Elk Grove will help you understand the differences in these theories.

Potential Damages You May Be Able to Recover in a Product Liability Action

You may be entitled to recover three types of damages: economic, intangible, and punitive.

  • Economic damages, which are medical bills, lost earnings, and other expenses that can be documented by producing bills, receipts, and employment records;
  • Intangible damages, which are non-economic damages related to your quality of life. These include pain, suffering, loss of enjoyment of life, disability, loss of independence, emotional anguish, and others which cannot be quantified in dollars and cents;
  • Punitive damages, which are those designed to punish the company that produced the product when the defect was the result of egregious wrongdoing or blatant disregard for the life, health, or wellbeing of the consumer.

An experienced product liability attorney will gather evidence to support your claim, including records to document your economic damages, and will bring in experts when necessary to document your non-economic damages. When appropriate, your lawyer will make a case for an additional award of punitive damages as a deterrent against future occurrences.

Free Product Liability Case Consultation

To learn whether you have a valid claim for damages after being injured by a defective product in California, call the Elk Grove-based law firm of personal injury attorneys John M. O'Brien & Grant Zehnder.

With 25 years of experience in successfully obtaining justice for the injured, a practice dedicated exclusively to personal injury law, and the highest possible ratings from Martindale-Hubbell and Avvo, we provide our clients with a level of excellence that is hard to beat. We are a client-focused law firm where your needs come first.

The initial consultation is free and without obligation. We take product liability cases on contingency, so you don't pay us anything - ever - unless we win money for you. Legal time restrictions limit the time in which you can file your claim. Call today to protect your right to recovery before legal deadlines expire.


$550K Recovery from Contractor for Median Accident

$4.5 Mil Product Liability

$1.4 Mil Product Liability

$130K Injury at Shooting Range

$600K Fall from a Defective Plank


A manufacturer, distributor or retailer can be held liable for a failure to provide adequate warnings on a product, if you, as a consumer, suffer an injury as a result. In California, a defendant can be held liable for a products defect or failure to warn, regardless of …

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Product liability is a legal term involving the responsibility of manufacturers, sellers or distributors for injuries caused by a defective product. Victims can receive compensation for physical injuries and property damage resulting from defective products.

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The manufacturer, the supplier, or the seller is strictly liable when an article he places on the market to be used without inspection for defects proves to have a defect that causes injury.

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Damages are awarded to make restitution to you for the wrongs that a defective product has caused. In a defective product case, you are entitled to recover economic, non-economic, and punitive damages.

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The best thing to do is to contact an experienced product liability lawyer, who will determine whether you have a case or not. You can make a strict liability claim, without showing any carelessness on the pa…

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You are under no duty to inspect the product; however, when you are injured due to a misuse of a defective product beyond the normal limit, contributory negligence will be valid and may bar liability.…

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