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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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“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.”
Jazzie D. Daly City, CA
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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
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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
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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
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
Proudly Serving Northern California
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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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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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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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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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 is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.
