Suffering a serious injury from a defective product is an unexpected betrayal of your trust. You bought or used a product believing it was safe, only to have it cause harm and upheaval in your life. The physical pain, emotional trauma, and financial strain from medical bills and lost income can be overwhelming. On top of that, the idea of facing big manufacturers or complex legal claims might feel daunting. But you are not alone.
Our dedicated Orange County product liability attorney team at Kubota & Craig is here to stand by your side, handle the legal complexities, and fight for the justice and compensation you deserve. We provide compassionate guidance through this difficult time, allowing you to focus on healing while we pursue accountability from the parties responsible for your injury.
An experienced defective product lawyer can be invaluable after a dangerous product causes injury. We investigate the incident thoroughly and determine if you have a valid dangerous consumer product lawsuit. This includes identifying what went wrong – whether a design flaw, a manufacturing error, or a lack of proper warning – and who is liable. An Orange County product liability lawyer from our firm will gather crucial evidence (the product itself, safety records, expert analyses, medical documentation) and use our expertise to build a strong case. We handle all communications and negotiations with manufacturers and insurance companies on your behalf. If needed, we are prepared to take your case to court and present a compelling argument to a jury.
Our goal is to secure the maximum compensation possible for your injuries, holding negligent manufacturers accountable so that you can move forward with confidence and financial support.
Filing a Product Liability Claim in Orange County
If you’ve been injured by a defective or dangerous product, filing a product liability claim is the legal pathway to seek compensation for your losses. In California, product liability claims are often governed by a strict liability standard. This means you do not need to prove the manufacturer was careless or negligent; you only need to show that the product was defective, the defect caused your injury, and you were using the product as intended or in a reasonably foreseeable way. There are three primary types of product defects recognized in these cases:
- Design Defects: Flaws in the product’s design that make it inherently unsafe (even if made correctly). For example, a car model prone to rollovers or a power tool without necessary safety guards could have a design defect.
- Manufacturing Defects: Errors during the production or assembly that result in a product deviating from its intended design. For instance, a batch of appliances with a wiring error that causes fires is a manufacturing defect.
- Failure to Warn (Marketing Defects): Inadequate instructions or warnings for the product’s proper use or known risks. An example is a pharmaceutical drug that doesn’t include warnings about dangerous side effects.
To begin a product liability claim in Orange County, it’s important to take these steps immediately after the injury:
- Seek Medical Attention: Your health comes first. Get treatment for your injuries and keep records of all medical visits and bills. Prompt treatment not only ensures your well-being but also documents the link between the defective product and your injuries.
- Preserve the Product and Evidence: If possible, keep the product exactly as it was at the time of the accident. Do not attempt to fix it or throw it away. Also save any packaging, instructions, or receipts. These items can be critical evidence to prove the product was defective.
- Document Everything: Take photos of the product, especially any broken parts or labels, and of your injuries. Write down in detail how the incident happened while it’s fresh in your mind. If there were witnesses, collect their names and statements. Also, keep track of any communication from the manufacturer or retailer (such as recall notices or emails).
- Identify the Defect and Parties Involved: Sometimes it’s obvious what went wrong (e.g. a toaster exploded when used normally). Other times, an expert investigation may be needed to pinpoint the defect. Identify everyone in the chain of distribution. Manufacturers, distributors, and retailers can all potentially be held liable for a dangerous product. In California, any company involved in getting the product to consumers may be legally responsible, not just the product’s maker.
- Consult an Orange County Product Liability Attorney: It’s highly advisable to contact a qualified lawyer early. An attorney experienced in product liability (often called a manufacturer negligence lawyer) will understand how to preserve evidence, work with engineering or medical experts, and navigate the legal deadlines and procedures. We can also advise if others have reported similar issues or if there’s a recall, which could strengthen your case.
When you file a claim, your lawyer will typically prepare a formal complaint to initiate a lawsuit. This legal document states the facts of what happened, how the product was defective, how it caused your injury, and the damages you are seeking. The lawsuit can be filed against one or multiple defendants (for example, the product’s manufacturer and the retail store that sold it). Once the lawsuit is filed and served, the legal process begins (detailed in The Litigation Process section below). Throughout this process, having skilled legal representation is crucial. We will ensure all paperwork is filed correctly and on time, and we’ll strategize the best approach to maximize your recovery.
Statute of Limitations: Keep in mind that California law imposes a time limit for filing product liability lawsuits. Generally, you have two years from the date of your injury to file a product liability claim in California. In some cases, if the injury wasn’t discovered right away (for example, a harmful effect from a product that emerged later), the clock starts when you discovered or should have discovered the injury. If the injured person is a minor, the deadline may be extended until they turn 18. These time limits are critical – missing the deadline can mean losing your right to compensation. That’s why it’s important not to delay in pursuing a claim. An Orange County product liability lawyer from Kubota & Craig will ensure your case is filed within the required timeframe and safeguard your claims against any technical pitfalls
Important Considerations and Documentation for Product Liability Cases
Building a strong product liability case requires careful consideration of several factors and meticulous documentation. Here are some important considerations to keep in mind, along with key documents and evidence that will support your claim:
Preserve the Defective Product
As mentioned, securing the actual product (and any broken pieces) is often the most critical evidence. Store it in a safe place. Do not attempt repairs or alterations, as the product’s condition can demonstrate the defect. If the product is in possession of a government agency (for example, if involved in a fire or investigated by a safety agency), your attorney can help ensure it’s preserved for inspection.
Gather Proof of Purchase
Documents showing that you owned or used the product can help establish the chain from the manufacturer to you. Keep receipts, invoices, warranty cards, or bank/credit card statements that prove you bought or were using the product. This also helps show you were a legitimate user of the product.
Medical Records and Bills
Comprehensive medical documentation is essential. Every hospital visit, doctor’s appointment, X-ray, surgery, prescription, or therapy session related to your injury should be recorded. These records link the product to your injuries and demonstrate the extent of harm suffered. They will also be used to calculate your damages (e.g. total medical costs).
Photographs and Videos
Visual evidence can be very powerful. Take photos of the defective product, focusing on any visible damage, defects, or serial/model numbers. Also photograph your injuries through the healing process – immediately after the incident, during treatment (such as casts or stitches), and any lasting scars or effects. If the incident was a one-time event (like an explosion or malfunction), photos or video of the scene (e.g. a charred kitchen after a defective appliance caused a fire) are extremely helpful. This visual evidence can make the problem with the product clear to insurance adjusters, judges, or jurors.
Witness Statements
If anyone else saw what happened – for example, a family member saw the product fail or a coworker witnessed an equipment malfunction – their testimony can support your version of events. Get their contact information and a brief written or recorded statement while details are fresh. Third-party accounts can corroborate that you were using the product correctly and it indeed failed.
Research Product History
It’s important to find out if the product (or similar models) has a history of issues. Sometimes, a product will have been recalled by the manufacturer or investigated by the Consumer Product Safety Commission (CPSC). If a recall was issued, that fact can strongly support your case by showing the product was known to be dangerous. Even without a recall, there may be online reports, reviews, or complaints from other consumers about the same product. Your attorney can help research whether there have been other incidents or lawsuits related to the product. This kind of information can help demonstrate that the defect was real and should have been addressed by the company.
Expert Analysis
Product liability cases often involve experts such as engineers, safety inspectors, or scientists who can examine the product and testify about what went wrong. An expert can perform tests or failure analysis on the product to identify design or manufacturing flaws. They might create reports or models to explain to a jury how the product failed. Keep any preliminary reports or product evaluations you obtain. At Kubota & Craig, we work with qualified experts who can provide professional opinions on product defects – this can be decisive in proving your claim.
Personal Journal and Economic Documents
Consider keeping a journal of your recovery. Note the pain levels, difficulties in daily life, and emotional impact (anxiety, depression, inability to do hobbies) you experience due to the injury. This can help substantiate pain and suffering damages later. Additionally, maintain all documents related to missed work or lost income (pay stubs, employer letters) if your injury forced you to take time off or limited your ability to earn. If you have out-of-pocket expenses (for example, hiring someone to help around the house, or transportation costs for medical visits), save receipts for those as well.
By proactively gathering and preserving this information, you arm your product liability attorney with the evidence needed to build a compelling case. Remember that the burden of proof is on the injured person – you must show the product was defective and caused your injury. Having thorough documentation makes it much easier to prove those elements. Our legal team will assist you in compiling all necessary documentation and ensure nothing falls through the cracks.
Finally, be cautious with any interaction with insurance companies or the product manufacturer after the incident. You might be contacted by a company representative or insurance adjuster for a statement. It’s usually best not to give a recorded statement or sign anything without consulting your lawyer. Manufacturers may sometimes offer a quick settlement or ask you to return the product for a “refund.” Do not agree to any resolution or give up the product without legal advice – you could unknowingly waive your rights. Refer such communications to your attorney at Kubota & Craig. We will handle correspondence and protect your interests while you focus on recovery.
Compensation in Product Liability Cases
One of the central questions after an injury is, “What kind of compensation can I receive?” In product liability cases, as in other personal injury cases, the law aims to compensate you for the full extent of your losses. A successful product liability claim can provide compensation for medical bills, lost wages, pain and suffering, and other damages caused by the defective product. Let’s break down the main types of compensation (also known as damages) that you may be entitled to:
Medical Expenses
This includes all healthcare-related costs stemming from the injury. Emergency room bills, hospital stays, surgeries, doctor appointments, prescription medications, physical therapy, rehabilitation, and even future medical care you might need. For example, if a defective power tool caused a severe hand injury, you could recover the costs of the initial surgery as well as anticipated future surgeries or therapy to regain function.
Lost Wages and Earning Capacity
If your injury forced you to miss work, you can claim the income you lost during your recovery. Even if you used sick leave or vacation days, those are real losses. If the injury has long-term effects that impede your ability to work (for instance, permanent disability or limitations), you may also seek compensation for loss of earning capacity – the money you would have been able to earn in the future were it not for the injury. For example, a factory worker injured by a defective machine might not be able to perform heavy labor anymore, impacting future earnings.
Pain and Suffering
These are non-economic damages intended to compensate for the physical pain and emotional anguish you’ve endured. Serious injuries from defective products can lead to intense pain, prolonged suffering during recovery, and psychological trauma (such as anxiety, depression, or PTSD). While these damages don’t have a direct price tag like a medical bill, they are very real and significant. California law allows victims to recover monetary compensation for pain, suffering, and loss of enjoyment of life. Attorneys often use your medical records, personal journal, and even expert testimony to demonstrate the extent of your pain and emotional distress.
Other Incidental Expenses
Injuries often come with a host of unexpected expenses. You might need to hire help for chores you can’t do (child care, cleaning, etc.), incur travel costs for medical treatment, or require special medical equipment or home modifications (like wheelchairs or ramps). These costs can be included in your claim so you’re not paying out-of-pocket for injury-related needs.
Property Damage
If the defective product also damaged your property, you can claim repair or replacement costs. For instance, if a defective appliance caused a fire in your home, you could seek compensation for the fire damage to your home and belongings.
Punitive Damages
In some product liability cases, you may also pursue punitive damages. Punitive damages are not meant to compensate you for a loss, but rather to punish the wrongdoer for particularly egregious behavior and discourage similar conduct in the future. In California, punitive damages are only awarded if the defendant’s actions were especially reckless, malicious, or showed a willful disregard for safety. For example, if evidence shows that a manufacturer knew about a dangerous defect but decided to hide it or failed to recall the product to avoid financial losses, a jury might award punitive damages for that manufacturer’s negligence. Punitive damages are less common than other types of damages, but product cases have seen them—such as cases where companies failed to warn about life-threatening side effects of drugs or continued selling a toy known to cause serious injuries.
It’s important to note that every case is unique. The exact amount and types of compensation you can recover will depend on the specifics of your situation: the severity of your injuries, the clarity of the evidence of defect, the impact on your life, and the conduct of the defendant. Part of our job as your attorneys is to calculate and document all your damages comprehensively. We often work with medical experts, vocational experts, and economists who can provide reports on your future medical needs or lost earning potential, ensuring these are factored into any demand or negotiation.
Our goal at Kubota & Craig is to secure the maximum compensation available so that you are not left financially devastated by a company’s negligence. This compensation can relieve the burden of medical debt, replace your lost income, and provide support for you and your family as you recover. No amount of money can fully undo the harm, but it can help you rebuild your life and access the care you need. It also serves as a form of justice – holding the manufacturers or sellers accountable in a tangible way.
Understanding Damages and Settlement Options
When pursuing a product liability case, it’s crucial to understand the types of damages you can claim and the options for resolving your case, including settlements. As discussed, damages generally fall into a few categories:
- Economic Damages: These cover the financial losses you’ve incurred. They include all the concrete costs and expenses: medical bills (past and future), rehabilitation and therapy costs, lost wages, loss of future earning capacity, and property damage. Economic damages are usually calculated down to the dollar using bills, receipts, and pay records.
- Non-Economic Damages: These refer to the intangible losses that don’t have a direct bill or receipt. Non-economic damages compensate you for pain, suffering, mental anguish, emotional distress, disability or disfigurement, and loss of enjoyment of life. Because these are subjective, their value is often determined by the severity of the injury and its life impact. For example, losing a limb due to a defective power tool would warrant substantial non-economic damages given the life-altering nature of that injury.
- Punitive Damages: As noted above, these are awarded in special cases of egregious wrongdoing by the defendant. They are not available in every case – your attorney would advise you if your case might justify a claim for punitive damages. If pursued, the evidence would need to show the company acted with conscious disregard for safety (for instance, internal memos proving the company decided not to fix a known defect due to cost). California law also sets a high bar to prove entitlement to punitive damages (usually “clear and convincing evidence” of fraud, malice, or oppression by the defendant).
Settlement Options: Most product liability cases (and personal injury cases in general) are resolved through settlements rather than trials. A settlement is basically an agreement where the defendant (or their insurance company) agrees to pay you a certain amount, and in exchange you agree to drop the lawsuit. There are several points to understand about settlements:
- Timing of Settlement: A settlement can occur at any stage of a case. Some cases settle before a lawsuit is even formally filed (through negotiations once you have an attorney involved). Others settle during the litigation process – for example, after some discovery has been done or even on the eve of trial. In fact, it’s not uncommon for settlements to happen at the last minute, as trial approaches and both sides want to avoid the uncertainty of a jury verdictlmiweb.com. Settlement talks can also resume during trial, or even after a trial verdict (while an appeal is pending).
- Pros and Cons: Settling a case has the advantage of providing a guaranteed outcome – you receive agreed-upon compensation without the risk of losing at trial. It also resolves the matter faster and with less expense and stress than a full trial. The downside is that you might receive less money than you could potentially win at trial (trials sometimes yield higher awards, especially if punitive damages are awarded). However, trials are risky – even strong cases can be unpredictable with a jury. This is why the vast majority of cases do settle. In fact, approximately 95% of personal injury and product liability lawsuits end in a pre-trial settlement. Both plaintiffs and companies often prefer a negotiated resolution: you get compensation sooner, and the company avoids the publicity and uncertainty of a trial.
- Negotiation and Legal Strategy: Reaching a fair settlement is where experienced legal representation is critical. Our attorneys will calculate a reasonable settlement range based on your damages and the strength of evidence. We will send a demand letter to the opposing side detailing your injuries and losses and requesting a certain dollar amount. Then, negotiations typically commence. The manufacturer or their insurer may respond with a lower offer, and talks go back and forth. We leverage all the evidence gathered – proof of the defect, the company’s potential liability, and a well-documented account of your damages – to push for a top-dollar settlement. Sometimes mediation (a facilitated negotiation with a neutral third party) is used to help both sides reach an agreement; this is often done in complex cases or where there’s a big gap in how each side values the case.
- Your Decision: It’s ultimately your choice whether to accept a settlement offer. We will advise you on whether an offer is fair and in line with outcomes of similar cases. If the defendant refuses to offer an amount that fully compensates you, we are prepared to proceed to trial and let a jury decide. We have confidence in presenting product liability cases in court – our trial lawyers are not afraid to face big corporations at trial. We prepare every case thoroughly as if it may go to trial, which often strengthens our hand in settlement talks (the other side knows we mean business). Rest assured, we will guide you through the pros and cons at each juncture. Our priority is to secure the compensation you need and deserve, whether through settlement or verdict.
In summary, understanding your damages ensures we don’t leave money on the table, and understanding settlements prepares you for the likely path your case will take. With Kubota & Craig by your side, you’ll have skilled negotiators and litigators fighting for the best possible outcome – giving you peace of mind that your case is handled with your best interests at heart.
The Litigation Process in Product Liability Lawsuits
When you pursue a product liability lawsuit in Orange County, your case will go through several phases in the civil litigation process. Knowing what to expect can help alleviate some of the stress and mystery surrounding a lawsuit. Our attorneys will handle the legal heavy lifting at each stage, but here’s an overview of the litigation process from start to finish:
Investigation and Case Preparation
Before a lawsuit is officially filed, we conduct an in-depth investigation. This includes gathering all the evidence discussed earlier (product, documents, witness statements, etc.) and often consulting with experts to solidify the case theory. We will evaluate the facts to ensure there is a sound legal basis for the claimlmiweb.com. During this stage, we also identify all potential defendants and relevant legal theories (strict liability, negligence, breach of warranty, etc.). Once we’re confident in the case, we draft the complaint.
Pleadings (Complaint and Answer)
The complaint is the document we file with the court to start the lawsuit. It states the allegations: how the product was defective, how you were injured, and the legal causes of action (e.g. strict product liability, negligence, etc.). After the complaint is served to the defendants (such as the manufacturer and any other liable parties), each defendant must file an answer (or potentially a motion to dismiss). The answer is the defendant’s formal response, where they may admit or deny the allegations and present any defenseslmiweb.com. In product cases with multiple victims (for instance, a defective medical device used by many patients), sometimes cases can be consolidated or managed together as a mass tort or in multi-district litigation, but for an individual case in Orange County, your lawsuit will proceed on its own in state court unless there’s a broader consolidation.
Discovery Phase
Once the pleadings are in, the case enters discovery, which is often the longest phase. Discovery is the process where both sides exchange information and gather evidence under the formal rules of courtlmiweb.com. Each side can send interrogatories (written questions that must be answered under oath), requests for production of documents (for example, we will request internal company documents about product design, testing, prior complaints, etc., and the defense will request your medical records and proof of purchase), and requests for admissions (asking the other side to admit or deny certain facts). A crucial part of discovery in product cases is depositions: interviews under oath where attorneys question parties and witnesses in person (or via videoconference) with a court reporter transcribing. We may depose company engineers or safety managers to get their testimony on record. Likewise, you (the plaintiff) will likely be deposed by the defense, where we will be present to protect your rights. Expert witnesses are also identified during discovery – for instance, we might designate an engineering expert and the defense might hire their own expert – and each side can depose the other’s experts. Discovery is a critical time for uncovering smoking-gun evidence (like an email where a manager acknowledged a defect risk and decided to “roll the dice”). It can be extensive, but it lays the groundwork for success at trial or a favorable settlement.
Pre-Trial Motions and Settlement Discussions
After discovery, both sides often have an opportunity to file pre-trial motions. One common motion is a motion for summary judgment, where the defense argues that the evidence is insufficient to proceed and asks the judge to dismiss the case before trial. We counter these aggressively, showing the court that genuine factual disputes exist that only a jury can decide. In many product cases, summary judgment is denied if we’ve gathered solid evidence of a defect and causation. During this period, the court may also schedule a pre-trial conferencelmiweb.com to discuss trial logistics and the potential for settlement. Often, judges will encourage parties to attempt a settlement or go to mediation at this stage if they haven’t already. It’s also at this juncture that we prepare extensively for the possibility of trial – organizing exhibits, prepping witness testimony, and formulating persuasive arguments.
Trial
If the case does not settle, it proceeds to a trial. (We detail the key stages of a product liability trial in the next section.) It’s worth noting that going to trial can take a long time – often a year or more after filing – given court schedules and the lengthy discovery process for complex. But rest assured, if your case reaches this stage, Kubota & Craig’s trial lawyers have the experience to present a compelling case to the jury. We will have meticulously prepared by the time we step into the courtroom.
Post-Trial and Appeals
If the trial results in a verdict (whether in your favor or the defense’s), there can be post-trial motions. For example, the losing side might ask for a new trial or for the judge to overturn the verdict (these are usually long shots, but they happen). The judge will then issue a judgment based on the verdict. If we win, the defendants will be legally required to pay the awarded damages (though they might seek to negotiate or could appeal). If either side is unhappy with the outcome, they have the right to appeal to a higher court. An appeal challenges potential legal errors made during the trial (not the factual findings of the jury)lmiweb.com. Appeals can prolong the final resolution by months or years. However, many cases still settle even after a verdict but before a full appeal is carried out, to avoid further delay and uncertainty. We will advise you at that juncture as well. If an appeal is pursued, our firm is fully capable of handling it, or we associate with appellate specialists as needed to protect your victory on appeal or to seek reversal of an unfavorable verdict.
Throughout this litigation process, communication and guidance are key. We at Kubota & Craig make it a point to keep you informed at every step – you will know what to expect and what we are doing on your behalf. While the legal journey can be complex and sometimes slow, having a clear roadmap helps manage expectations. Our job is to navigate the legal system efficiently and effectively for you. We aim to push the case forward, avoid unnecessary delays, and always be trial-ready to maintain leverage. By entrusting us with your product liability lawsuit, you can be confident that we will handle the heavy legal burdens, fight off any tactics by the opposition to minimize your claim, and strive for a timely, just resolution to your case.
Key Stages of a Product Liability Trial
While many cases settle before trial, some product liability claims do go all the way to a courtroom trial. If your case proceeds to this stage, it’s important to understand how a trial unfolds. A product liability trial will generally involve these key stages:
Jury Selection (Voir Dire)
In a jury trial (common in product cases), the process begins with selecting a fair and impartial jury. Both your attorney and the defense attorney will question a pool of potential jurors to identify any biases or preconceptions. For example, a juror who works for a pharmaceutical company might not be suitable for a drug defect case. Each side can request the removal of certain jurors they believe can’t be objective. The goal is to seat a jury open to the evidence on both sides. This stage is crucial, as the composition of the jury can influence the outcome.
Opening Statements
Once the jury is sworn in, each side gives an opening statement. This is a roadmap of what each attorney believes the evidence will show. Kubota & Craig will present a compelling opening, telling the story of how you were wronged by the defective product and previewing the evidence – for instance, “We will show you an internal memo where the manufacturer ignored a known flaw, and you’ll hear from our expert about how this defect caused our client’s injury.” The defense will likely downplay responsibility or argue no defect existed, setting the stage for their rebuttal.
Plaintiff’s Case-in-Chief
This is where we present our evidence. As the plaintiff (injured party), we bear the burden of proof, so we go first. We will call witnesses to testify – this can include you (to describe what happened and how it affected you), eyewitnesses or family members, expert witnesses (such as engineers, safety experts, or medical doctors) who can explain the defect and connect it to your injuries, and possibly even former employees or other consumers if relevant. We will also introduce documents and exhibits uncovered in discovery: product designs, test reports, emails, photos of the product and your injuries, etc. The defense will have the opportunity to cross-examine each witness we put on the stand, attempting to poke holes or create doubt. Our goal is to present a clear, convincing narrative that the product was defective and caused you harm, and to bolster that with credible, unshakable evidence.
Defense’s Case
After we rest our case, the defense gets to present their evidence. They might call their own experts to offer alternative explanations (for instance, suggesting you misused the product or that something else caused the injury). They might have company executives testify that they followed safety protocols or that the product was state-of-the-art. We will cross-examine their witnesses, aiming to expose any weaknesses, biases, or inconsistencies in their testimony. Often, a big battle in product trials is between the experts – our expert says the product is defective; their expert says it’s not. The credibility and clarity of these experts can heavily influence the jury.
Rebuttal Evidence
Sometimes, after the defense rests, we have the chance to present rebuttal evidence, which is a limited opportunity to refute something new that came up in the defense’s case. For example, if the defense introduced a new theory during their presentation, we could call an additional witness or re-call an expert briefly to rebut that point.
Closing Arguments
Once all evidence is presented, each side gives a closing argument to the jury. This is our last chance to speak directly to the jurors about the evidence. We will sum up the case, tie together the testimony and documents, and explain how they meet the legal requirements for liability. We’ll likely emphasize key pieces of evidence, like, “You heard the engineer testify that the widget was made with substandard metal that snaps under normal use – and you saw the email where the company chose that cheaper metal. There is no question this defect caused our client’s injury when the widget snapped.” We will ask the jury to find the defendants liable and award a specific amount of damages, reiterating the suffering and losses you endured. The defense, of course, will argue why they believe they should not be held liable or why damages should be minimal.
Jury Deliberation and Verdict
After instructions on the law from the judge, the jury will deliberate in private. They must decide whether the defect has been proven and whether it caused your injury, and if so, how much money will fairly compensate you. In California civil cases, at least 9 of the 12 jurors must agree on the verdict. Deliberations can take hours or days, depending on the complexity of the case and the jury’s discussions. Finally, the jury returns to the courtroom and the verdict is read. If the verdict is in your favor, the jury will also announce the amount of damages awarded. For example, they might say the manufacturer is liable and must pay $500,000 in compensatory damages (and possibly an additional amount in punitive damages if that was at issue and they found recklessness). If the verdict is for the defense, they are found not liable and you receive nothing (which is why having a strong case and experienced trial attorneys is so important).
Experiencing a trial can be nerve-wracking, as so much is at stake and the outcome is in the hands of jurors. However, by the time we reach this stage, you can be confident that your Kubota & Craig trial lawyer knows your case inside and out and has prepared extensively. We pride ourselves on our courtroom skill and have a track record of success in front of Orange County juries. We will advocate fiercely every step of the way through the trial.
If we win the trial, it’s a moment of validation and justice – the law has officially held the company accountable for harming you. If the verdict includes full compensation, you can start to rebuild with the resources you need. In the event of an unfavorable result, remember that it’s not necessarily the end: we can explore post-trial motions or an appeal as appropriate. But our aim is to present such a compelling case that the jury clearly sees the wrong that was done to you and delivers a verdict in your favor.
Throughout the trial, we also make sure you are supported. You will likely have to testify, and we will prepare you thoroughly for that experience, so you feel comfortable and ready to tell your story honestly and powerfully. We handle all the legal arguments and evidentiary fights, so you can simply focus on conveying what happened and how it affected your life. Our compassionate approach means we’re at your side not just as lawyers, but as allies who truly care about getting you justice.
FAQs
Below we answer some common questions we hear from clients about product liability claims. If you have additional questions, please feel free to reach out for a free consultation – we’re here to help and provide guidance.
What is a product liability claim and how do I know if I have a case?
A product liability claim is a legal action you can take when a defective or unsafe product causes you injury or other losses. Essentially, you are holding the manufacturer or seller accountable for releasing a product that was not reasonably safe. You likely have a case if you were using a product as intended (or in a foreseeable way), and due to a defect – whether in the product’s design, its manufacturing, or the lack of adequate warnings – you got hurt. For example, if an electric scooter’s brakes fail due to a design flaw and you crash, or a kitchen appliance has faulty wiring that shocks you, those scenarios could lead to product liability claims. Important factors include showing that the product was indeed defective and that this defect directly caused your injury. Even if you’re not 100% sure what went wrong, a product liability attorney can investigate. Remember, in California you often don’t have to prove the company was negligent – just that the product was defective and caused harm. If those elements are present, you likely have a valid case.
Who can be held liable for a defective product injury?
Liability for a defective product can extend to any company in the product’s supply chain. This includes the manufacturer (the company that made the product or its components), the distributor or wholesaler (companies that handled or sold the product in the distribution process), and the retail store or online seller where you bought the product. Under California law, you can sue the manufacturer and the seller even if the seller did nothing wrong except sell you the item. The idea is that everyone who profits from putting a product into the market has a responsibility to ensure it’s safe. In some cases, if a product was imported, the importer might stand in the shoes of the manufacturer for liability. For example, if you were injured by a defective children’s toy, you might have claims against the toy company that designed it, the factory that made it (if different), and the store like Target or Amazon that sold it. Identifying the correct defendants can be tricky – sometimes companies change names or suppliers – but our attorneys will research and pinpoint all possible liable parties. We want to include all responsible parties in your lawsuit to ensure you can recover fully. (In practice, the manufacturer’s insurance often covers most of the damages, but having the retailer in the case can help, since in California they are not exempt from liability just because they didn’t manufacture the item.)
How long do I have to file a product liability lawsuit in California?
In California, the general statute of limitations for product liability injuries is two years from the date of injury. This means you must file a lawsuit within two years of when the injury occurred (or when you discovered the injury was caused by the product, in some cases). For instance, if a defective ladder collapsed and injured you on January 1, 2025, you would typically have until January 1, 2027 to file your lawsuit. If you miss that window, you’ll likely be barred from bringing your claim at all. There are a few exceptions: if the injury wasn’t immediately discoverable (perhaps a slow-developing illness from a toxic product that you only linked to the product later), the “delayed discovery” rule could extend the time, counting from when you learned of the connection. Another exception is for minors – if a child is injured by a product, the two-year clock might not start until they turn 18 (though a parent can also file on the child’s behalf earlier). It’s also worth noting there is a separate concept called a statute of repose in some states for product cases – essentially an absolute cutoff after a product was first sold – but California does not have a broad statute of repose for product liability; the focus is on the injury date. Because calculating deadlines can be nuanced, it’s best to consult with a lawyer as soon as possible after an injury. We will make sure your case is filed well within the required timeframe so your rights are protected.
What do I need to prove to win a product liability case?
To win a strict product liability case in California, you generally need to prove three things: (1) The product had a defect (in design, manufacture, or warnings), (2) the defect made the product unreasonably dangerous and was present when the product left the defendant’s possession, and (3) the defect directly caused your injury while you were using the product in a intended or reasonably foreseeable manner. You do not need to prove that the company was negligent or acted with wrongful intent in a strict liability claim – only that the product was defective and harmful. Evidence is key: for a design defect, you might show through expert analysis that a safer alternative design was feasible. For a manufacturing defect, you’d show the particular item that hurt you deviated from the normal design (maybe through lab tests or by comparing it to a non-defective version). For a failure-to-warn claim, you’d demonstrate that the product lacked adequate safety warnings or instructions that would have prevented your injury (for example, no warning about a known risk of burns if used a certain way). Along with proving the defect, you must prove causation – that the injury was indeed caused by the defect. This often involves medical testimony linking the product’s failure to your injury. The defense might argue you misused the product or that something else caused the harm, so we gather evidence to counter those claims (like instructions showing you used it properly, or expert tests ruling out other causes). Lastly, you’d prove your damages – the extent of your injuries and losses – through medical records, bills, etc., as discussed earlier. To summarize, winning a product case comes down to convincing the jury: “This product was defective, that defect caused the accident, and the accident caused these injuries.” Our legal team excels at assembling the evidence and expert support needed to prove each of those points clearly and persuasively.
Can I still recover compensation if I was partially at fault or misused the product?
It depends on the circumstances, but often yes, you can still recover, though your compensation might be reduced. California is a comparative negligence state, meaning if a plaintiff (injured person) is partially at fault, their recovery can be reduced by their percentage of fault. In product liability cases, the defense might claim that you misused the product or didn’t follow instructions, and therefore you share blame for what happened. For example, let’s say you removed a safety guard from a machine, and then you got injured – the manufacturer might argue your modification was the real cause. Or you used a household chemical in a way that wasn’t intended and got hurt. The key question will be whether your use was reasonably foreseeable. Manufacturers are expected to anticipate some misuse and still design against it or warn against it. If your use was something no reasonable user would do, a jury might find you mostly or wholly at fault, negating or reducing the liability of the manufacturer. But if your use was slightly careless yet not outrageous, the jury could assign each party a percentage of fault. For instance, they might decide the manufacturer was 80% at fault for a defect and you were 20% at fault for not reading a warning. In that scenario, any damages award to you could be reduced by 20%. Importantly, California follows “pure” comparative fault, so even if you were 50% or 60% at fault, you could still recover 50% or 40% of your damages (unlike some states that bar recovery above a certain threshold). Misuse and fault can be complex issues – even things like not maintaining a product properly might be argued by a defendant as your fault. Our attorneys will anticipate these arguments. We’ll present evidence that you used the product in a normal and expected way, or if you did misuse it, that the misuse was minor or a result of the product’s lack of proper warnings. We fight to minimize any blame cast on you. Even if you suspect you might be partly at fault, don’t assume you have no case – let us evaluate it. You might still have a strong claim under California law.
How much does it cost to hire a product liability lawyer?
Upfront, nothing. At Kubota & Craig, like most personal injury firms, we handle product liability cases on a contingency fee basis. This means you do not pay any fees out-of-pocket to hire us. Our payment is “contingent” on us winning or settling the case successfully. If we obtain compensation for you, either through a settlement or a trial verdict, our fee is a percentage of the recovery (which we will discuss and agree upon when you hire us). If, for some reason, we don’t win the case, you owe us no attorney’s fees. This arrangement allows anyone, regardless of financial status, to pursue justice against large manufacturers – you have access to top-quality legal representation with no upfront cost. We also typically advance the costs of litigation (for things like expert witnesses, filing fees, etc.), which are later deducted from the settlement or verdict as part of the case costs. We understand that after an injury, you’re likely dealing with medical bills and maybe lost income, so the last thing you need is an added expense of attorney fees. The contingency model aligns our interests with yours – we are motivated to get you the maximum compensation possible, as our payment is proportional to your success. During your free consultation, we can explain the fee agreement in detail and answer any questions. But rest assured, you can afford a product liability lawyer – in fact, you can’t afford not to have one, given that the other side will have their legal team. With Kubota & Craig, you get experienced attorneys fighting for you, and we only get paid when you get paid.
What should I do if I’m injured by a defective product?
If you are injured by a defective product, prioritize your health and safety, and then take steps to protect your legal rights. Here’s what we recommend, in order:
- Seek medical help immediately. Your well-being comes first. Call 911 or see a doctor as needed. Even if injuries seem minor, get a medical evaluation – some injuries (like internal injuries or concussions) aren’t obvious right away. Medical records from this visit will also document that the injury happened and what caused it.
- Preserve the evidence. Keep the product that hurt you, along with any packaging, manuals, or accessories. Don’t alter it. If there were any parts that broke off, save them. Also take photos of the scene and your injuries. If, for example, a chair collapsed, photograph the broken chair and the environment. If a gadget caught fire, take pictures of the damage.
- Report or document the incident. Depending on the situation, you might report the injury to the store or manufacturer – but do this carefully. It’s okay to notify them that an incident occurred (some stores will create an incident report). However, avoid giving a detailed statement or blame until you’ve consulted an attorney. If the injury is severe or involves public safety (say a car part failed on the road), a police or safety report might be appropriate. If a government investigator contacts you (such as OSHA in a workplace product injury, or the CPSC), be truthful but you can also seek legal counsel.
- Do not negotiate on your own. You might get a call from an insurance adjuster or company rep offering to “make things right” with a quick payment or asking you to return the product for a refund. Politely decline for now. Often, they aim to minimize their payout and get you to waive further claims. It’s best to have a lawyer communicate on your behalf.
- Contact a product liability lawyer. Reach out to an experienced Orange County product liability attorney as soon as you can. Early involvement is key. We will provide a free consultation to hear what happened and advise you on next steps. If we take your case, we’ll likely arrange an expert inspection of the product, notify the manufacturer of the claim, and ensure all evidence (even beyond what you preserved) is secured. We’ll guide you on what to do (and not do) moving forward. Having a lawyer from the start can also prevent you from falling for any tactics by the other side.
- Follow medical advice and document your damages. Continue your medical treatment and keep all records. Note days of work missed and any other impacts (like if you can’t take care of your kids or have to hire help). All this will be important in building your case.
- Stay off social media regarding the incident. As a practical tip, avoid posting about the accident or your injuries on social media. Defense attorneys may try to use your posts out of context to contradict your claims. It’s safest to keep details private and within the realm of attorney-client discussions.
By taking these steps, you maximize your chances of a successful outcome. Our legal team can then do what we do best: investigate, gather additional evidence (like obtaining product design documents or prior complaint records), consult experts, and build a strong case for you. Remember, timing can matter – for example, if there’s a potential that the product could be subject to a recall, we want to document your case early. So don’t hesitate to seek legal help. We’re ready to jump in and help you seek justice.
Let Kubota & Craig Help You Seek Justice After a Defective Product Injury
A serious injury from a defective product can turn your life upside down – but you don’t have to go through this fight alone. Kubota & Craig is here to help you seek the justice and compensation you deserve after a defective product injury in Orange County. As a highly experienced personal injury firm, we have the knowledge, resources, and dedication to take on large manufacturers and insurance companies on your behalf. Our team has successfully handled complex product liability cases and holds a track record of top-performing results. We understand the intricacies of product liability law, from technical engineering details to the courtroom strategies needed to win against corporate defendants.
When you choose Kubota & Craig, you get a legal team that truly cares about you and your future. We know that behind every case is a person coping with pain, bills, and uncertainty. That’s why we treat our clients with compassion, respect, and individualized attention. We will listen to your story, address your concerns, and keep you informed at every stage. Our goal is not only to win your case, but also to make the legal process as stress-free as possible for you. Your recovery is our priority, and that means securing financial relief to cover your medical care, lost income, and to compensate for what you’ve been through. It also means holding the negligent company accountable, which can help protect others from being hurt in the future by the same product.
From the moment you contact us, we will put our skills to work for you. We offer a free, no-obligation consultation – we’ll evaluate your situation and clearly explain your legal options. If we take on your case, you pay no fee unless and until we win. This contingency fee arrangement means our interests are aligned: we are driven to achieve the best possible outcome for you. Whether through a robust settlement or a verdict at trial, we will fight tenaciously for maximum compensation. We prepare every case for trial, so insurance companies know they can’t low-ball our clients. Our reputation as aggressive litigators who don’t back down is an advantage you want on your side.
Time is of the essence in product liability cases. The sooner we can investigate and preserve evidence, the stronger your case will be. If you or a loved one suffered due to a defective product in Orange County – whether it’s a car part, appliance, medical device, consumer good, or any other product – reach out to Kubota & Craig today. Let us shoulder the legal burdens while you focus on healing. We will guide you step-by-step, from filing the claim all the way to the resolution, always advocating for your rights and dignity.
You have been through enough already. Let us help turn your pain into purpose by seeking justice and making sure those responsible are held to account. Contact our Orange County product liability lawyers at Kubota & Craig for a free consultation. We are ready to hear your story and help you move forward toward recovery, closure, and a more secure future.
