As one of the country’s largest retailers, Lowe’s Home Improvement stores regularly serve nearly 17 million customers across more than 1,700 stores nationwide. Many of these customers are right here in Fresno, but sometimes, injuries can occur due to product defects or flaws that Lowe’s sells. In Fresno and throughout California, individuals are safeguarded against harmful products and typically have the legal ability to pursue action if a product causes injury or harm. If you have experienced an injury from a product, it is crucial to reach out to our Fresno personal injury lawyers for assistance.
Experienced Fresno Personal Injury Lawyers Can Help You
At Maison Law, our team comprises experienced Fresno personal injury lawyers who are here to help you. We will guide you through the intricacies of the law, explain your rights when you’ve been injured by a Lowe’s product, and help you decide on the best course of action to pursue the available benefits and support as provided by the law.
Don’t hesitate to get the help you need. Contact us today to set up a free, no-obligation consultation to learn more.
What is Product Liability Law in Fresno?
Product liability in Fresno, as well as other places, pertains to the legal principle of holding a company responsible for injuries caused by its products. This accountability extends to sellers like Lowe’s, even if they are not the manufacturers. California’s product liability law applies throughout the entire process, from the product’s creation to its sale. Lowe’s could potentially be held liable for a defective product in the following circumstances:
- Design defect – If a product has a flawed design, Lowe’s may be held liable, irrespective of correct manufacturing. For example, if a ladder is designed with instability issues, Lowe’s may be responsible if someone is injured due to a fall.
- Manufacturing defect – If a product is incorrectly manufactured, Lowe’s may be held liable for injuries caused by the defect. For instance, if a lawnmower has a faulty blade due to manufacturing errors, Lowe’s may be accountable for any resulting injuries.
- Failure to warn – If Lowe’s fails to provide adequate warnings to consumers about known dangers associated with a product, the company may be held liable for injuries resulting from such dangers. For example, if a power tool is hazardous when used without safety glasses and Lowe’s does not provide a warning, they may be responsible for any injuries caused by the tool’s use without safety glasses.
Under California law, Lowe’s can be held “strictly liable” for selling defective products, even if they were not negligent in doing so. This means that negligence doesn’t need to be proven to establish liability. However, Lowe’s, like other sellers, may have ways to attempt to avoid liability.
How Does Lowe’s Try to Avoid Liability For Defective Products in Fresno?
As a large company with substantial resources, Lowe’s can employ significant approaches to minimize their liability in a defective product injury case. One of the most common ways is by asserting that the product was misused or placing some blame on you. Legally, this is referred to as “comparative negligence.” In California, the comparative negligence rule operates as follows:
- The compensation awarded for an accident is proportionately reduced based on the percentage of fault assigned to the injured party.
For instance, if the injured person is deemed to be 10% at fault for the accident, their overall recovery may be decreased by 10%.
Some other ways Lowe’s may try to avoid liability include:
- Product warnings and instructions – Lowe’s may ensure that all products sold have clear and prominent warnings and instructions on proper use and potential risks associated with the product. This can help shift liability to the consumer if they fail to follow the instructions or warnings.
- Disclaimers – Lowe’s may include disclaimers on product packaging or in sales agreements, stating that they are not liable for any injuries or damages resulting from the product’s use. However, the enforceability of such disclaimers can vary based on state laws and the nature of the defect.
- Limitation of Liability clauses – Lowe’s may include clauses in their sales agreements that limit the amount of compensation or damages they are liable for in case of product defects or injuries.
- Product recalls – If Lowe’s becomes aware of a defective product, it may issue a product recall promptly to mitigate potential liability and protect its reputation.
- Quality control measures – Lowe’s may implement rigorous quality control procedures and work with reputable suppliers to reduce the likelihood of selling defective products.
- Contracts with manufacturers – Lowe’s may have contracts with manufacturers that include indemnification clauses, holding the manufacturer responsible for any liability arising from defective products.
- Assumption of Risk – Lowe’s may argue that certain products are inherently risky, and consumers voluntarily assume that risk when using them.
Regardless of any measures taken by Lowe’s, they can still be held accountable under product liability laws if it is proven that the defect or negligence caused harm to the consumer. If you believe you’ve been injured due to a defective product from Lowe’s, it’s very important that you at least take advantage of our free consultations. We can take a preliminary look at your case and let you know what the next steps are.
How Can You Prove Damages in a Fresno Defective Product Claim?
Establishing damages in a Fresno defective product claim relies on compelling evidence. When dealing with health issues resulting from using the product, several types of evidence can support your case, including:
- Medical records – Vital for linking the defective product to any injuries or adverse reactions experienced. These records demonstrate the connection between the product and the alleged damages.
- Expert witnesses – Testimonies from professionals knowledgeable about the dangerous product can establish health risks associated with using it, thus reinforcing causality.
- Consumer complaints – Collecting accounts from individuals who experienced adverse effects from the defective product establishes patterns of harm and shows damages aren’t isolated incidents.
- Financial losses – If the defective product caused financial losses like medical expenses or lost wages, supporting documentation, such as medical bills and pay stubs, substantiates these claims.
Should You Hire Our Personal Injury Lawyers?
There’s no requirement that says you need to have a lawyer represent you in a defective product claim in Fresno. However, gathering and presenting this evidence is a substantial undertaking, which is why our team of experienced personal injury lawyers can be of great assistance.
We have the knowledge and resources to help determine the most effective evidence for your case and guide you through the process to ensure you receive the rightful benefits and support. Here is a closer look at what are system looks like for these types of cases:
- Collecting information, reports, witness statements, and medical records to determine how your injuries occurred.
- Gathering essential evidence, including photos, medical records, witness statements, and relevant documents like security footage.
- Finding and consulting with witnesses and experts, like doctors and accident reconstruction specialists, for valuable insights.
- Managing all communications with the insurance company and Lowe’s representatives, which takes that burden off of you.
Overall, our main focus is on obtaining a fair settlement that covers medical expenses, lost wages, pain and suffering, and other losses. We’ll stand up for your rights throughout the process.
Partner with Experienced Fresno Personal Injury Lawyers
Suffering an injury in Fresno is always regrettable, regardless of the situation. However, when the injury is caused by a faulty product sold by Lowe’s or another company, the situation becomes even more distressing.
At Maison Law, we are dedicated to ensuring companies and manufacturers are held responsible for their products. If you or a loved one have been injured by a product sold by Lowe’s, we’re here to help you. Contact us today to set up a free, no-obligation consultation to get started.
