Oakland Product Liability Attorneys
Representing Victims of Defective & Dangerous Products
The modern world is filled with innumerable products designed to make our lives easier, safer, and better. We trust these products to work properly and keep us safe, but defective and dangerous products make it onto the market with alarming frequency. When they do, innocent consumers’ lives are put at risk.
If you were injured by a defective product, or if you believe an accident was the result of a faulty or dangerous product, reach out to Pacific Workers'. Our Oakland product liability lawyers understand the complex nature of this area of law. We know how to fight back against manufacturers, distributors, and large corporations that put profits over public safety—and we aren’t afraid to fight these entities in court. With offices located in Oakland, Concord, Stockton, and Sacramento, we proudly fight for injured individuals and families throughout Northern California.
Contact us online or call (888) 740-6434 to put 130+ years of combined legal experience on your side.
How Can I Tell If a Product Was Defective?
It’s not always easy to determine when a product is defective. It can also be difficult to know if a defective product was the cause of an accident. However, there are a few key things you can look for in order to tell if a faulty or unreasonably dangerous product played a role in your injuries and/or damages.
Asking yourself the following questions can help you determine if a product was defective:
- Was the product recalled? All types of products, from pharmaceutical medications and medical devices to automobile tires to children’s toys, are recalled every year due to defects. Research whether the product in question was part of a recall. If it was, chances are, it was defective.
- Did the product fail to work as it was intended? If the product didn’t do what it was supposed to (or what it was marketed to do), it could have a defect. An example of this would be a seatbelt that, instead of locking when the vehicle’s brakes were applied, came undone during a collision.
- Were you using the product correctly? If you weren’t using the product the way that it was supposed to be used (according to the manufacturer), you might be barred from collecting compensation even if the product did have a defect.
- Did you make any modifications to the product? If so, this could also bar you from receiving compensation, as the manufacturer can argue that the modifications rendered the product unsafe and voided any warranty that may have existed.
- Was the product unreasonably dangerous? Note that a dangerous product is not necessarily defective; a chainsaw is dangerous, but that doesn’t mean it’s faulty. But a chainsaw that lacks a safety guard may be considered unreasonably dangerous, meaning it has a defective design.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
What Are the Three Types of Product Defects?
Generally speaking, product defects fall into three categories:
- Design Defects: A design defect occurs when the actual design of the product makes it unreasonably unsafe. A person who uses a product with a defective design could be injured even when using the product as it was intended.
- Manufacturing Defects: A manufacturing defect occurs when a mistake is made during production, causing the product to become unsafe. Examples include contamination of medication tablets or airbags being improperly installed in a vehicle.
- Labeling Defects: Sometimes referred to as “marketing defects,” labeling defects involve improper or missing warning labels, instructions, safety precautions, and other important labels, rendering the product unreasonably unsafe for normal use.
When to Hire a Product Liability Lawyer
Product liability cases are often far more complex than other types of personal injury claims. The law regarding defective products differs somewhat from typical personal injury law and, as such, you need an attorney who knows how the system works.
If you were injured in an accident and you believe a defective product was fully or partially to blame, or if you were directly harmed by a faulty or dangerous product, it is in your best interests to hire an experienced product liability lawyer in Oakland, like those at Pacific Workers’ Compensation Law Center. Our award-winning legal team comprises dedicated attorneys, case managers, and other legal professionals who are committed to securing the best possible results for our clients. At our firm, we truly care about you and your recovery.
Reach out to us today at (888) 740-6434 to request a free initial consultation.
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
