San Diego Product Liability Attorney

Hurt by a Defective Consumer Product? You Have Rights!

Cases of product liability against the manufacturers of defective consumer products have long formed an important part of The McClellan Law Firm's practice. The success we have achieved in product liability litigation allows us to pursue these claims with a high degree of skill. Our San Diego injury attorneys examine all negligence cases for the possibility of a claim against the manufacturer or distributor of a defective device.

Attorney Craig McClellan was named San Diego Product Liability Litigation Lawyer of the Year in 2012, 2014 & 2019 by Best Lawyers ®. Don't wait to put an accomplished law firm on your side.

Common Injury Claims Involving Defective Products

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products they have provided to consumers. Like many other states in the U.S., California's laws and regulations govern product liability to protect consumers from harm caused by dangerous or defective products.

Common types of product liability cases in Ohio include:

• Manufacturing Defects: These occur when there is an error in the manufacturing process that results in a product being different from its intended design, making it dangerous or defective. For example, a car with a faulty brake system due to a manufacturing error.
• Design Defects: These defects occur when the design of a product is inherently unsafe, even if it is manufactured correctly. In such cases, the entire line of products may be considered defective. For instance, a children's toy with a design flaw that makes it prone to breaking and causing injury.
• Marketing Defects (Failure to Warn): This type of defect involves inadequate instructions or warnings about the product's proper use or potential risks associated with its use. If a product poses a danger that is not obvious to the consumer, the manufacturer or seller may be held liable for failing to provide adequate warnings or instructions. For example, a household cleaner that does not include warnings about potential skin irritation.
• Breach of Warranty: A breach of warranty occurs when a product does not meet the promises or guarantees made by the manufacturer or seller. There are two main types of warranties: express warranties (explicit promises made by the seller about the product) and implied warranties (unwritten assurances that the product is fit for its intended purpose). If a product fails to meet these warranties and causes harm, the manufacturer or seller may be held liable.

Our firm works with a team of forensic experts to strengthen your product liability claim. This can make a huge difference in the outcome of your case, as we can use their expertise to recreate the product and demonstrate how the manufacturer could have easily prevented the design flaw. For example, we might be able to establish that the same product could have been made without error, but at very little or no extra cost to the manufacturer.

What is Strict Liability?

In California, the principle of strict liability in product liability cases represents a significant legal doctrine designed to protect consumers and ensure accountability within the marketplace. Unlike traditional negligence claims, where proving fault or carelessness on the part of the manufacturer or seller is necessary, strict liability simplifies the burden of proof for plaintiffs seeking recourse for injuries or damages caused by defective products.

Under strict liability, the focus shifts away from the conduct of the manufacturer or seller and instead centers on the condition of the product itself. This means that a plaintiff does not need to establish that the manufacturer or seller acted negligently in producing or distributing the product.

Instead, they must demonstrate two key elements:

1. Existence of a Defect: The plaintiff must show that the product had a defect that rendered it unreasonably dangerous for its intended use or for other reasonably foreseeable uses. This defect could arise from various sources, such as flaws in the product's design, manufacturing errors, or insufficient warnings or instructions.
2. Causation: The plaintiff must establish a causal link between the defect and their injuries or damages. They need to demonstrate that the defect directly caused or substantially contributed to the harm they suffered. This requires evidence to establish a clear connection between the product's defect and the resulting injuries or damages.

State law places the responsibility squarely on the shoulders of those involved in bringing the defective product to market. This encourages manufacturers, distributors, and sellers to prioritize product safety and quality control throughout the entire production and distribution process. It also provides consumers with a more straightforward path to seek compensation for injuries or damages resulting from defective products, without the complexities associated with proving negligence.

You Don’t Pay Unless We Win

We work on a contingency fee arrangement. This means that we only charge our clients after winning a settlement or jury verdict on their behalf. If we are not able to recover compensation, you won't pay us anything. Because of our past success in product liability cases, we are able to afford the necessary expenses and resources for building an effective case on your behalf, such as securing the support of design experts, industrial engineers, biomechanical engineers and human factor specialists.

Class Action vs. Individual Lawsuits

If you were injured by a defective product in California, there are multiple routes you can take to hold the manufacturer accountable, including:

• Individual product liability lawsuit: Individual litigation is a necessary choice when your injury is unique. For example, if a defective tire caused your injury but there are no other serious complaints involving that tire, you may need to bring an individual lawsuit. This is also a good choice when the harm you suffered is significant.
• Class action product liability lawsuit: A class action allows a few plaintiffs to speak on behalf of numerous class members if they have been similarly injured by the same manufacturer. Class actions are powerful when numerous individuals suffer relatively minor injuries and would not be able to bring effective lawsuits on their own.
• Multi-district product liability litigation: When a large number of plaintiffs file similar individual lawsuits against a manufacturer, the court may decide to consolidate the lawsuits into one case. This is called multi-district litigation. Unlike class action litigation, however, every plaintiff participates in the litigation.

We’re Backed by Success in Product Liability Litigation

The McClellan Law Firm has recovered $250 million in damages for seriously injured clients and the surviving families of those killed in accidents. Many of these cases involved defective products around the house or in the car.

In fact, Lead Attorney Craig McClellan has gained consideration recognition in the field of automotive defects. He has successfully brought claims against motor companies like Porsche, Chrysler, GM, and Toyota.

Miller v. Ford Motor Co. – $6,000,000.00 Settlement

The Miller family was hit by another vehicle head-on. Because their vehicle (Ford Escort) was only equipped with lap belts, 11-year-old James Miller died at the scene, and his twin brother, Richard, was rendered paraplegic. We secured $6 million on the family’s behalf.

Aponte v. Mercedes Benz – $5,200,000.00 Settlement

Our client, Christie Aponte, was sitting in the center seat of her father’s Mercedes when the vehicle was hit head-on. Because she had only been wearing a lap belt, she suffered paralyzing injuries in the accident. Our firm was able to secure $5.2 million on her behalf.

Garrison v. Porsche – $2,500,000.00 Settlement

We filed a wrongful death lawsuit against Porsche for the death of a husband and father who was the passenger in a Turbo 930 when the driver lost control of the vehicle and swerved into oncoming traffic. In this case, the jury awarded $2.5 million to our client.

Let The McClellan Law Firm Help Maximize Your Claim

Learn how our experience can help maximize the value of your personal injury claim by contacting a San Diego product liability lawyer at our firm. We have been representing accident victims and their families for more than two decades, and have won more than 140 verdicts and settlements worth $1 million each, so you can rest easier knowing we are on your case. Don’t wait to take advantage of a free case evaluation.