Lowe’s Home Improvement stores are one of the nation’s largest retailers, providing customers with a wide range of different products. Lowe’s has a significant presence in California, with the company operating 112 different stores in the state.
Sometimes, there are situations where an injury happens because of a product defect or flaw. In California, people are protected from products that can cause harm, and they generally have the right to take legal action if a product does hurt them. If you’ve been injured by a product, it’s important to contact our personal injury lawyers as soon as you can.
Contact Maison Law Today
At Maison Law, our team of experienced California personal injury lawyers can assist you. We’ll explain the law and what you’re rights are, then help you make a decision about how to pursue available benefits and support under the law. Don’t wait to get the help you need, contact us today for a free consultation.
What is Product Liability in California?
Product liability in California–and other places–refers to the legal concept of:
- Holding a company accountable for injuries caused by its product.
For sellers like Lowe’s, they are not immune from liability with the products they sell just because they don’t manufacture them. Rather, product liability law in California applies at every stage of the process, from the making to the selling of the product. Generally speaking, Lowe’s could be held liable for a defective product in the following scenarios:
- Design defect – If a product is defectively designed, Lowe’s may be held liable even if the product was manufactured correctly. For example, if a ladder is designed with a flaw that makes it unstable, Lowe’s may be liable if someone falls from the ladder and is injured.
- Manufacturing defect – If a product is manufactured incorrectly, Lowe’s may be held liable if the defect causes an injury. For example, if a lawnmower is manufactured with a faulty blade, Lowe’s may be liable if someone is injured by the blade.
- Failure to warn – If Lowe’s fails to warn consumers about a known danger associated with a product, the company may be held liable if someone is injured by the product. For example, if a power tool is known to be dangerous if used without safety glasses, Lowe’s may be liable if someone is injured while using the tool without safety glasses.
Under California law, Lowe’s may be held “strictly liable” for selling a defective product, even if the company was not negligent. This means that Lowe’s does not have to be proven to have been careless in order to be held liable. However, Lowe’s–and other sellers–have ways to try to avoid liability.
Comparative Negligence
One of the major ways that Lowe’s can attempt at reducing their liability in a defective product injury case is to say that the product was either misused or otherwise put some of the blame on the injured person. In legal terms, this is known as “comparative negligence.” California’s comparative negligence rule says that:
- The amount of compensation you receive for an accident will be reduced based on your percentage of fault.
Thus, if you’re found to be 10% at fault for the accident, your overall recovery may be reduced by 10%.
Damages Available in a California Product Liability Case
Once you decide to move forward with legal action, you can file a claim for damages against Lowe’s or anyone else involved with the defective product. Legally, a product liability claim is just another under the umbrella of a personal injury, which means that you can potentially recover the following damages in a claim:
- Medical expenses – These damages involve the cost of your medical treatment, both now and in the future.
- Lost wages – This includes the income you’ve lost because you couldn’t work due to your injuries.
- Property damage – You can also recover damages related to the cost of repairing or replacing property that was damaged in the accident.
- Pain and suffering – These damages refer to the physical pain and emotional distress you’ve experienced as a result of your injuries.
- Emotional distress – You can also recover damages relating to the psychological trauma you’ve experienced as a result of the accident.
- Loss of enjoyment of life – This includes the inability to participate in activities you used to enjoy because of your injuries.
- Loss of companionship – This includes the loss of support and companionship from your loved ones because of your injuries.
It’s important to remember that the overall amount of damages you can you receive will depend on the specific circumstances of your case. It’s important to work with our team of experienced personal injury lawyers who can help you build a strong case and negotiate on your behalf.
If you want to move forward, here are a few things you can do to make sure you get the most out of your claim:
- Get medical attention right away – Getting medical attention right away will document your injuries and ensure that you receive the treatment you need.
- Keep track of all of your medical expenses – This includes doctor’s bills, hospital bills, and prescription costs.
- Save all of your receipts – This includes receipts for lost wages, property damage, and other expenses.
When Should You Hire a Personal Injury Lawyer in California?
If you’ve been injured in an accident, you may feel overwhelmed and unsure of what to do. While it’s not a legal requirement to have a lawyer represent you in a claim, it can make the process much easier for you. Our team of experienced personal injury lawyers can help you through the process and get the compensation you deserve.
We take a personal approach to each case and work to build a strong case for compensation. Typically, we do this in the following ways:
- Investigate the cause of the accident – We will gather all available information about the accident, including reports, witness statements, and photographs. We will also review your medical records and other documentation to help us determine the cause of your injuries.
- Gather necessary evidence – We will gather all of the evidence that is necessary to support your claim, including photographs, medical records, and witness statements. We will also work to obtain any other evidence that may be relevant to your case, such as security camera footage or accident reconstruction reports.
- Interview witnesses and experts – We will interview witnesses to the accident and any experts who can provide valuable insights into your case. This may include doctors, engineers, or accident reconstruction experts.
- Handle communications with the insurance company and lawyers representing Lowe’s – We will handle all communications with the insurance company and lawyers representing Lowe’s or any of the other at-fault parties. This will allow you to focus on your recovery and not have to worry about dealing with the insurance company.
- Work to obtain a fair settlement for you – Most importantly, we will work to obtain a fair settlement for you that covers all of your damages, including medical expenses, lost wages, pain and suffering, and other losses. We will not settle for less than you deserve and will fight for your rights every step of the way.
Work With Experienced California Personal Injury Lawyers
Being injured in California is always unfortunate, no matter what the circumstances are. However, when you’ve been injured by a defective product sold by Lowe’s or another company, it’s even more unfortunate. At Maison Law, we work hard to hold companies and manufacturers accountable for the products they make and sell. When you or a loved one have been injured by a defective product, we can help you. Contact us today to set up a free consultation.
