TOP PERSONAL INJURY FIRM IN LOS ANGELES
Product Liability Attorney in Los Angeles
California has strict laws governing defective products. If a defective product injures a consumer in California, the injury victim is entitled to pursue damages from the parties involved in the making or selling of that defective product. It’s not necessary for an injury victim to prove that negligence led to the defective product’s state. In California, the fact that a defective product harmed someone is reason enough to hold a maker or seller accountable for the dangerous product they released to the public.

If you or a loved one has been injured by a defective product in California, you may be entitled to compensation under California’s strict product liability laws. Per California law, people who have sustained injuries due to defective products may be entitled to recover damages for their losses. At LA Lawyers Group, our dedicated product liability lawyers have helped injury victims recover compensation for losses such as medical bills, future medical expenses, pain and suffering, and emotional distress.

To receive a free consultation with an expert Los Angeles product liability attorney, contact LA Lawyers Group today.

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Los Angeles Product Liability Lawyer
What is Product Liability?
Product liability is a legal concept that allows consumers to hold the maker or seller of a defective product responsible for the losses caused by that defective product. Product liability is a highly specialized area of personal injury law. There are no federal product liability laws, only state-by-state regulations. In California, product liability cases are often handled by personal injury attorneys, but it’s important to note that the California laws governing product liability are different from the state laws that cover general personal injury. As such, hiring a law firm that specializes in California product liability cases is crucial for Californians who are seeking justice in a defective product case.
Who Can You Sue for a Defective Product Injury?

California’s strict liability laws allow any entity that was involved in the design, manufacturing, distribution, sale, or marketing of a defective product to be held responsible for the harm caused by the defective product. As such, many people could potentially be sued for a defective product that causes injury, including: 

  • Designers  
  • Distributors 
  • Independent Testing Laboratory
  • Parts Manufacturers 
  • Product Manufacturers
  • Retailers
  • Sales Representatives
  • Wholesalers
Where do I get a product liability lawyer in Los Angeles?
Common Injuries in Defective Product Accident Cases

The injuries that are caused by defective products are as diverse as the products are themselves. Some examples of injuries in defective product accident cases include: 

  • Broken Bones Due to a Sudden Break of a Defective Chair, Ladder, etc. 
  • Burns From Defective Household Appliances
  • Burns or Poisoning Due to Improper Labeling of a Chemical Product
  • Choking Due to Choking Hazards in Toys
  • Head or Brain Injury Due to Defective Bicycles, Scooters, or Motorcycles
  • Illness Due to Toxic Material Exposure
  • Injury Due to Defective Car Parts 
  • Injury Due to Defective Power Tools
Damages Available in a Defective Product Case

Injury victims in a defective product case can be entitled to economic damages and non-economic damages that are related to their injury. Economic damages are meant to compensate injury victims for their tangible economic losses. Examples of economic damages that may be available in a defective product case include damages for past and future medical bills, medical devices, lost wages, and lost earning potential. Non-economic damages are meant to compensate injury victims for their intangible losses. Examples of non-economic damages that may be available in a defective product case include damages for the victim’s emotional distress, pain and suffering, or loss of enjoyment of life. 

In rare cases, an injury victim may be awarded punitive damages on top of economic and non-economic damages. Punitive damages are awarded by a judge as a form of punishment for malicious, fraudulent, or oppressive actions. An example of a situation in which a judge may decide to award punitive damages would be if a product manufacturer knew their product would cause harm, but produced and sold it anyway.

Types of Product Defects

Product defects generally fall into one of three categories: marketing defects, design defects, or manufacturing defects.

Marketing Defects

Marketing defects, also known as warning defects, occur when a product lacks adequate warnings or instructions that should be in place to protect the consumer. Manufacturers and suppliers are required to place clear and complete warnings on their products of dangers that may not be apparent to an average consumer. An example of a marketing defect would be a tea kettle that does not come with a sufficient warning about a strangely placed steam valve that can burn an unsuspecting user. Another example of a marketing defect would be a folding table that does not come with a warning about its hazardous pinch points. 

Note that a product only needs to have warnings of dangers that may not be apparent to an average consumer. A product does not need to include warnings of reasonably apparent dangers. For example, a consumer would be reasonably expected to know that a knife will be sharp, so a knife manufacturer would not need to include a warning about sharpness.

Design Defects

Design defects are present when a product’s design itself is defective. With this type of defect, a product may be made perfectly according to its design, but still be defective due to inherent design flaws. An example of a design defect would be airbags that do not deploy during a car accident despite them being made perfectly to order by the manufacturer. Another example of a design defect would be a toaster oven with an oven door handle that gets hot enough to burn the user with normal use of the appliance. 

Manufacturing Defects

A manufacturing defect occurs when a manufactured product differs from the manufacturer's intended result or when a product differs from other manufactured products that it should be identical to. This type of defect is also sometimes called a production defect or manufacturing process defect. An example of a consumer product with a manufacturing defect would be a swing set with a cracked chain or a soda bottle that randomly explodes for no apparent reason.

Proving Liability in a Defective Product Case
How to prove liability in a defective product case?

The exact elements you may need to prove in order to determine liability in a defective product case will vary depending on the case type and the unique circumstances surrounding your injuries. However, generally, you need to establish four things to prove liability within a defective product case: 

  1. That the defendant designed, manufactured, distributed, or sold a defective product. 
  2. The defective product was defective when it left the defendant’s possession. 
  3. The injury victim used the product in a reasonable manner. 
  4. The injury victim suffered harm due to the product’s defect. 

When defending against a product liability case, a product designer, manufacturer, distributor, or retailer may try to disprove one or more of these four elements. For example, a defendant in a product liability case may argue that a product was not defective, that they did not have a hand in creating or distributing the product, that someone else tampered with the product, that the plaintiff used the product in an unreasonable manner, or that there is no evidence of the plaintiff's injuries. A personal injury lawyer can help an injury victim both present proof of liability and be prepared for possible arguments that may be presented by a defendant.

How Long Do You Have to Sue for a Defective Product in California?

The statute of limitations for a defective product personal injury claim is typically two years. This two year period generally starts when a product’s defect causes an injury, rather than when it was first purchased. If a faulty product causes property damage, a claimant will generally have three years to file a claim, since California’s statute of limitations for property damage is three years.. 

While someone who is injured by a defective product generally has up to two or three years to file a product liability claim, we recommend seeking legal counsel as soon as you can after your injury occurs. There can sometimes be exceptions to the standard statute of limitations depending on the unique circumstances involved in a case. Retaining a personal injury attorney quickly can ensure that you don’t lose the opportunity to hold a guilty party accountable for your losses due to a time limit expiration.

What Should You Do After Being Injured By a Defective Product?

Seek Medical Attention 

If you’ve been injured by a defective product, the first thing you should do is seek immediate medical attention. Even if you think your injury is minor, it’s important to seek medical treatment and have a doctor assess your injury. This is important for your health, since a serious injury can sometimes appear insignificant at first, then become more severe as time passes (this is especially true for head injuries). Seeking medical attention after being in an accident is an also an important step to take to protect your legal rights, since medical records can be crucial evidence in a product liability case. 

Preserve Evidence

After being injured by a defective product, preserve any available evidence. Most importantly, be sure to keep the defective product in the same condition it was in when it caused your injury. Do not try to fix the defective product or alter it in any way. If you’re able, also take pictures of the accident aftermath. Take pictures of the accident scene, the defective product, and your injuries. If you’re not well enough to take pictures on your own, consider asking a trusted loved one to help you take pictures in order to preserve this valuable evidence. 

Seek Legal Counsel 

In order to have the strongest possible product liability case, we recommend seeking legal counsel as soon as possible after your injury. A California product liability attorney can guide you through the complex legal process and fight to hold guilty parties accountable for their harmful actions. When you contact a product liability attorney quickly after being in an accident, they may also be able to help you preserve or gather valuable evidence you may not have otherwise considered.

Get Help From a Los Angeles Product Liability Attorney
If you or a loved one has been harmed by a defective product, contact LA Lawyers Group today to receive a free case evaluation. Our product liability attorneys have an expert understanding of California’s product liability laws and work tirelessly to pursue justice for our clients. The knowledgeable, dedicated team at our law firm has helped accident victims across Southern California recover compensation for their medical expenses, lost wages, emotional distress, pain and suffering, loss of earning capacity, and more.

Call LA Lawyers Group today at (213)LAWYERS (529-9377) to receive your free consultation with one of our Los Angeles product liability lawyers.

Free Case Evaluation

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