When you purchase a product, you expect it to work as advertised. Sometimes, certain products not only fail to work as they should, but they can also cause injury to the consumer or even result in death. Consumers who suffer needlessly as a result of product liability can pursue negligence claims against the manufacturer. If you are dealing with a similar situation, you may be wondering what the average product liability settlement in California is.
What Is the Average Product Liability Settlement in California?
Simply put, there is no average product liability settlement in California. The chief reason for this is that there is no average product liability claim either. Every situation is different, which means that every case is different. People who are seeking compensatory damages due to a defective product may be dealing with very different situations, even if the product in question is the same one.
Numerous factors influence the amount of compensation that you could receive in a product liability case, including your product liability attorney and the depth of their experience. Other factors include:
- What was the product in question?
- How exactly did you use it?
- Did you use it as advertised?
- Did it perform as advertised?
- What damage did the product do to you?
The Basis for Product Liability
There are three primary areas of product liability that a person tends to pursue a claim against. They are defective design, a manufacturing defect, or lack of acceptable warning. All three of these reasons can lead to a successful product liability case on behalf of the plaintiff.
- Defective Design: When creating a new product, the design can turn out to be somewhat defective. Regrettably, this is sometimes not realized until the product is already on the market. When deciding product liability based on defective design, California courts use two tests to determine that liability:
- The Risk/Benefit Test: Products are put to this test when the court has to consider if there is an inherent risk of danger in the design of a product and if that risk outweighs the benefits of the design.
- The Consumer Expectations Test: This test is used to determine whether a product fails to perform safely when an ordinary consumer uses it correctly or as it was originally intended. Expert opinions weigh in on how the product is supposed to work.
- Manufacturing Defect: Sometimes, a product is improperly put together or released in a rush before the manufacturers have had the opportunity to properly test it. This can result in a defective product whose liability lies with the manufacturer. If you wish to pursue a product liability claim based on a manufacturing defect, your lawyer must prove that the product that caused your injuries was designed without the manufacturer taking care to ensure that it was not dangerous.
- Lack of Acceptable Warning: Not every product liability claim is the result of a defective product. Some products can still be dangerous, even if they are manufactured without issue. Manufacturers have to provide warnings on their products to ensure that people do not use said products incorrectly or in a way that can result in serious injury.
- For example, cleaning products often perform as advertised. There is a warning label on them that warns against consuming them or getting them in your eyes. That warning protects the manufacturer from product liability claims if someone accidentally swallows the product.
FAQs
Q: What Is the Usual Result of a Product Liability Settlement?
A: The result of a product liability settlement depends entirely on whether the plaintiff’s lawyer can prove that the product was defective or manufactured incorrectly. The settlement amount will largely be decided by:
- The severity of your injuries
- The facts regarding how the product was used and in what way
- Any pain and suffering that you may have endured as a result of the product
There is no average claim to be had, so there is no way to determine a usual result. Every case is different.
Q: What Is a Good Settlement Figure in a Product Liability Case?
A: A good settlement figure in a product liability case is one that accurately reflects the value of your injuries, lost time, and emotional stress sustained as a result of the entire situation. It should take into account similar cases and the amount of compensation that was awarded in those cases. You should never settle for a number that appears insulting or does not value your claim. A good lawyer can take care of the negotiation process for you and help reach an acceptable number.
Q: What Is the Average Personal Injury Settlement in California?
A: The average personal injury settlement in California hovers somewhere between $21,000 and $26,000, depending on a number of factors specific to each case. Those numbers are no guarantee that your settlement amount will be comparable. Every personal injury case is different, with specific factors unique to each case. Those factors will influence a jury’s decision and possibly net you more compensation or less compensation. It depends entirely on the facts unique to your case.
Q: What Injuries Pay the Most?
A: The injuries that pay the most in a personal injury settlement are the ones that are considerably more severe, debilitating, and life-altering. Largely, the more catastrophic the injury is, the higher your settlement will likely be. Injuries that pay more in compensatory damage include:
- Spinal cord injuries
- Traumatic brain injuries
- Amputations
- Severe burns
- Chronic chest pains
- Broken bones
The number is often reflective of how much trauma you have endured.
Reach Out to a Product Liability Lawyer Today
It can be really frustrating when a product that you have purchased does not perform as advertised. It can be even more engaging when that product ends up injuring you or a loved one due to a manufacturing defect or a lack of acceptable warning.
You may feel ready to hold someone accountable for their negligent behavior. At Easton & Easton, we can help you develop a case for product liability, gather evidence that backs up your claim, and advocate on your behalf with the company lawyers. Contact us to schedule a consultation about your unique situation.
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