California has some of the most favorable product safety laws for consumers in the nation. When a defective product causes you harm, the law provides a clear path to hold manufacturers, distributors, and sellers accountable.
Unlike many other injury claims, product liability cases in California frequently fall under a doctrine called “strict liability.” This means you do not need to prove a company was negligent, only that the product was defective and caused your injury when used in a reasonably foreseeable way.
If a defective or dangerous product has injured you or a loved one in Kern County, you deserve answers and support. We know how to protect the rights of injury victims because we have been doing it for years.
Contact our product liability lawyers at Law Offices of Mickey Fine for a free, no-obligation consultation to discuss your case by calling (661) 333-3333 today.
Why Choose the Law Offices of Mickey Fine for Your Product Liability Case?
Deep Experience with California Product Safety Laws
Product liability cases require specialized knowledge of manufacturing processes, safety standards, and federal regulations. We work with a trusted network of engineers, safety experts, and medical professionals who help us analyze defective products and establish exactly how they failed. This network of technical expertise proves essential when facing corporate defense teams armed with their own experts.
Proven Track Record Against Major Corporations
We’ve successfully represented clients injured by defective automotive parts, dangerous household appliances, contaminated food products, and faulty medical devices. These cases sometimes involve taking on Fortune 500 companies with unlimited legal budgets and teams of attorneys dedicated to minimizing payouts.
Understanding Kern County’s Unique Risks
Bakersfield’s economy creates specific product liability risks. The region’s heavy agricultural and oil industry workforce faces dangers from defective farming equipment, malfunctioning safety gear, and industrial machinery lacking proper safeguards. Our familiarity with these local industries helps us quickly identify potential defendants and understand how accidents occur.
No Upfront Costs
We handle every product liability case on contingency, meaning you pay nothing unless we recover compensation for you. This arrangement allows us to invest heavily in your case from the beginning, like hiring expert witnesses, conducting thorough investigations, and preserving crucial evidence; all without creating financial strain during your recovery.
More importantly, our fee structure aligns our interests with yours. We only succeed when you do.
Immediate Case Preservation and Investigation
Product liability cases live or die on physical evidence. Manufacturers will quickly reclaim defective products, claiming they need them for “internal investigation.” In reality, they’re often destroyed or altered to eliminate evidence.
Our investigation begins the moment you contact us. We photograph the defective item from multiple angles, secure any packaging or instruction materials, and document the accident scene. This rapid response prevents the loss of evidence that could make or break your case months later.
What Compensation Can You Recover in a Product Liability Case?
Our goal is to pursue the maximum compensation available under the law for the harm you have suffered. Compensation (also called “damages”) is typically divided into two categories.
Economic Damages
These reimburse you for verifiable financial losses related to your injury. We meticulously document these costs to build a strong claim. They include:
- Current and future medical bills (hospital stays, surgery, medication)
- Lost wages and income from being unable to work
- Diminished future earning capacity if your ability to earn a living is permanently affected
- Costs of rehabilitation and physical therapy
- Damage to personal property caused by the defective product
Non-Economic Damages
These compensate you for the significant non-financial, personal losses that result from a serious injury. While harder to quantify, they are just as real. These damages may cover:
- Pain and suffering
- Emotional distress and mental anguish. In California, recovery for emotional damages generally requires an accompanying physical injury.
- Loss of enjoyment of life
- Scarring and disfigurement
Understanding Product Liability Law in California
What is product liability?
Product liability is the area of law that holds companies in the chain of distribution responsible for injuries caused by defective or dangerous products. The core principle is that companies that profit from putting a product into the market should bear the costs of injuries caused by defects in that product.
What are the three main types of product defects?
California law recognizes three primary ways a product is considered defective.
- Design Defects: This occurs when a product’s design is inherently unsafe, making every unit produced dangerous even if manufactured perfectly. The danger is part of the product’s blueprint. An example is an SUV designed to be so top-heavy that it has a high risk of rolling over during normal driving conditions. To prove a design defect, we must show that the risks of the design outweigh its benefits.
- Manufacturing Defects: This involves a flaw or mistake that occurred during the production process, making a specific product or batch of products unsafe. The design may be safe, but the execution was flawed. This could be a batch of prescription medicine contaminated with a toxic substance during bottling, or a car assembled with faulty wiring that deviates from the intended design.
- Warning Defects (Failure to Warn): This defect exists when a product is sold without adequate instructions or warnings about non-obvious dangers. Companies have a duty to warn consumers of potential risks when the product is used in a reasonably foreseeable manner. An example is a powerful chemical cleaner sold without a clear warning label about the need for ventilation and skin protection during use.
Who can be held liable for a defective product?
Responsibility for a defective product can extend to any entity in its “chain of distribution.” This means that multiple parties who handled the product before it reached you are potentially accountable for your injuries. This broadens the potential for recovery and includes:
- The product manufacturer
- A manufacturer of a defective component part
- The wholesaler or distributor
- The retail store that sold you the product
What Types of Product Liability Cases Do You Handle?
Product defects appear in any type of consumer good or industrial equipment. Our firm handles a wide array of cases involving harm caused by unsafe products, including:
- Defective Automotive Parts: Components such as faulty airbags that deploy improperly, failing brakes that do not engage, defective tires prone to blowouts, or flawed ignition switches that shut off a vehicle while in motion lead to devastating truck or car accidents.
- Unsafe Children’s Products: Items for children must meet high safety standards. We handle cases involving toys, cribs, or car seats that pose choking hazards, contain toxic materials like lead paint, or have dangerous design flaws.
- Dangerous Household Appliances: Everyday products in your home can be dangerous. This includes pressure cookers that explode, washing machines with unbalanced drums, or electronics with faulty wiring that cause fires or electric shocks.
- Contaminated Food and Beverages: These cases involve illness from food poisoning due to contaminants like Listeria or E. coli, or injuries caused by foreign objects found in packaged food.
- Faulty Medical Devices and Prescription Drugs: When medical products fail, the consequences are severe. We handle claims involving defective hip implants, malfunctioning pacemakers, surgical mesh, or dangerous medications sold without adequate warnings of severe side effects.
- Defective Industrial and Agricultural Equipment: Malfunctioning machinery, power tools, or farming equipment that lacks proper safety guards or is otherwise defective causes life-altering injuries.
How Do Product-Related Injuries Happen in Bakersfield and Kern County?
As a major hub for agriculture, oil, and industry, Kern County sees unique types of product-related injuries. The heavy reliance on industrial equipment, combined with a major logistics network, creates specific risks for workers and residents.
- Industrial and Agricultural Zones: Workers on farms and in oilfields throughout the county frequently use heavy machinery. When this equipment is defectively designed or manufactured, it leads to severe accidents. We are familiar with cases involving defective tractors, malfunctioning oil rig equipment, and unsafe power tools that lack necessary safety features.
- Transportation and Logistics Hub: With major arteries like I-5 and Highway 99 crossing through the region, Bakersfield experiences a high volume of commercial truck traffic. While many factors cause these crashes, a defective truck part, such as failed brakes or a faulty steering component, can be a key factor in catastrophic accidents.
- Growing Urban Centers: Across Bakersfield, consumers purchase countless products daily for their homes. When these everyday items—from kitchen appliances and electronics to children’s toys—are defective, they can cause unexpected and serious harm where you should feel safest.
Why is Facing Large Corporations and Insurers a Challenge?
Mickey Fine, Product Liability Lawyer in Bakersfield
These companies have vast resources and teams of lawyers dedicated to minimizing or denying claims to protect their bottom line. Their strategies often reflect how insurers determine fault—not necessarily based on fairness, but on what reduces their liability.
What are common tactics used to reduce payouts?
You should be aware of the strategies these companies employ. Their adjusters and lawyers are trained to find ways to defeat your claim.
- Blaming the Victim: They may argue that you misused the product, ignored instructions, or altered it in some way, shifting fault away from their defective item.
- Claiming No Defect Existed: The company will often deny there was anything wrong with the product. They hire their own professionals to produce reports insisting the product was safe when it left their control.
- Delaying the Process: Their lawyers use procedural tactics to drag out the case, hoping you will become frustrated and accept a lowball offer out of desperation.
- Offering a Quick, Low Settlement: An insurer might make a small settlement offer early on. This usually happens before the full extent of your injuries and long-term financial losses is known, and accepting it prevents you from seeking further compensation.
How do we prepare for these challenges?
We work with engineers, safety auditors, and other professionals to analyze the product and establish how it failed. By building a strong, fact-based claim, we effectively counter the company’s arguments and demonstrate the true cause of your injuries.
Steps You Can Start Taking Today to Protect Yourself
Assuming you have already sought immediate medical care for your injuries, these steps will help strengthen your case and protect your rights.
Preserve the Product and All Packaging:
Do not throw away, alter, or attempt to repair the product. Keep it, along with any packaging, instructions, and the receipt, in a safe place. This is the most important piece of evidence in your case.
Document Everything:
Write down the details of what happened as soon as you are able. Include the date, time, and circumstances of the injury. Take clear photos of the product, the location where the injury occurred, and your injuries over time to show their progression.
Follow Your Treatment Plan:
Attending all medical appointments and following your doctor’s orders is necessary. This creates a clear, official record of your injuries and their impact on your health.
Keep a Journal:
Make notes about your pain levels, physical limitations, and how the injury affects your ability to work and perform daily chores. This journal provides a personal account of your non-economic damages.
Do Not Give a Recorded Statement:
Avoid speaking with representatives from the manufacturer or their insurance company. You are not obligated to give a recorded statement without legal guidance, as your words can be used against you.
Avoid Social Media:
Refrain from posting about the incident or your injuries on any social media platform. Insurance companies frequently search these profiles for photos or comments they can use to argue that your injuries are not as severe as you claim.
Take Action with the Law Offices of Mickey Fine
If a defective product has harmed you or a loved one in the Bakersfield area, do not wait.
Your time to file a claim is limited. Contact our personal injury attorneys at the Law Offices of Mickey Fine today at (661) 333-3333 for a free, no-obligation consultation, and let us help you move forward.
Law Offices of Mickey Fine – Bakersfield Office
930 Truxtun Ave, #110
Bakersfield, CA 93301
(661) 333-3333