Los Angeles Product Liability Lawyers
When an injury occurs through the use of a product, it is possible and even likely that the item was defective. If you have been injured through the ordinary or even unordinary use of an item you purchased, you are likely entitled to seek damages from the manufacturer, supplier, and/or retailer of the item. Our law firm services the practice areas of los angeles and calabasas California. We have los angeles product liability attorneys ready to handle your product liability claim now. Our teams of super lawyers can handle all types of personal injury and product defect claims in los angeles and other parts of California.
The Basics of Product Liability
Product liability law in our country is centered on holding companies that design and sell harmful or defective products or goods accountable for the resulting harms and losses. This area of law can be intimidating for consumers. When a los angeles company, product manufacturer, retailer, or supplier places an item on the open market for purchase and use, and that item causes injury due to a problem with the item, all three (manufacturer, supplier, and retailer) can be held liable for the injuries caused by problematic products. Often times consumers are left wondering what sort of product liability laws their are to protect people in these cases. This area of law can leave consumers in a state of confusion. Consult an attorney to see if you have a product defect case.
When a consumer who has been injured by defective products looks to sue the responsible company, the consumer can bring a product liability claim under either a Strict Liability theory or a Negligence theory. Many product liability cases in the state of California fall within the Strict Liability theory, however there are some exceptions. Here is a more detailed description of each of these legal theories and the laws supporting them. We hope this information will help you understand product liability laws and your damage claim. These two categories comprise many of the product defect cases in California. Our attorneys are here to help clients deal with manufacturers, suppliers, and retailers and handle all of the courtroom proceedings on your behalf. Our attorneys help consumers understand California liability laws so that children and families have the information they need to file their claims and seek a settlement
Manufacturing defects occur when products are made in a condition that is considered substandard. A product that is made incorrectly, even in a subtle way, such as manufacturing the product without a small yet important part like a screw, has a legitimate manufacturing defect. Manufacturing defects occur where a product is constructed unsafely.
Frequently, we see a company attempt to keep costs down and profits up by using artificial intelligence to manufacture products. When manufacturers choose profits over safety and a product is manufactured in a way that causes it to be dangerous, the corporation needs to be held responsible. Manufacturers will often employ a product lawyer to ensure product quality. However, a product attorney works for the benefit of the product manufacturers and not the safety of consumers or people. A manufacturing defect is not always apparent to the party that purchase the item or any party that uses the item.
Strict Liability Theory
This theory is applicable when the consumer injured by the item proves the defendant either created, distributed, or sold an item that had one of the following three issues:
- a manufacturer defect;
- a defective design
- lacked the proper instructions or warnings of safety hazards.
Regardless of what efforts the creator, distributor, or retailer of the product took to ensure the product was safe, if the product causes injuries due to any of these three reasons, the creator, supplier, and/or retailer will be held responsible for the resulting harms. A product defect is an avoidable circumstance and the corresponding entities should be held responsible. Many times this is a traumatic experience and the health and safety of consumers is dramatically impacted.
There is one caveat, however. In order to hold a company under a strict liability theory for causing injuries with a defective product, the item must have been used in a “reasonably foreseeable way.” What this means is that the creator, supplier, or retailer of the product must have been able to anticipate the way in which the injured individual used the product. The injured party or parties do not have to prove the defect, only that they used the product in a reasonable manner. Many los angeles product liability lawsuits fall under this category. If you or a loved one may have been injured or suffered a wrongful death as a result of a faulty or defective product reach out to a product liability lawyer from our firm for a free consultation . We will now discuss the types of cases and possible claims.
An item has a design defect if it was designed in a manner that causes harm to the end user of the product. Products are considered defective in design if they do not function as safely as a customer expects when they are used in a manner that a reasonable person or company could foresee. A design can also be defective if the risk of use is excessive. A product defect is especially dangerous if the consumer is unaware of the existence of such defects and the danger they pose.
Often, manufacturers will design a product so that it will cost as little as possible to produce. In some instances these changes to design specifications can lead to defects. However, if corners are cut to keep production costs down, the construction of the product may be defective and endanger safety. Unknown design defects are often the cause of injury to consumers. Proper product use is defined as using the product the way the instructions describe, if a person suffers injuries from proper use, they are entitled to a settlement.
Failure to Warn
The failure to warn comes to light when the maker, seller or supplier of defective products should have known or knew the product in question had potential risks that presented a meaningful risk of injury when used/misused in a foreseeable manner or the intended manner. This is also known as a marketing defect. If the maker, seller, or supplier of the product knew, yet failed to warn of those risks, then this would be considered a strict liability failure to warn case. When a maker, retailer, or supplier of a product fails to warn about the dangers associated with the item or its defects, it will be held responsible for the injuries caused by an accident involving the item.
Negligence can be found in everything from the manufacturing process to employee training procedures to the application of safety rules. In order to determine whether there was negligence, your attorneys need to conduct a thorough investigation of the maker, supplier, and/or retailer’s design process, manufacturing process, their rules and regulations, and their policies and procedures.
If negligence is present in any one of these facets of the manufacturing, distribution, or sale of goods, then the manufacturer, wholesaler, or retailer of those goods can be held liable under a negligence theory of liability. In order to prove the negligence theory, the claimant must demonstrate that the maker, supplier, or seller of the product did not act appropriately- in other words, breached the standard of care- and thereby caused injuries and damages to the persons who were injured by the product. Most product liability lawyers can help you figure out which type suit is right for you. Personal injury as a result of product defects or design defects gives consumers the right to sue for compensation.
Product Liability Cases
Our firm has handled thousands of product defect cases throughout California. These cases came about due to product defects in a wide array of categories. Children have been injured by faulty toys, a worker at a factory may have been injured by faulty equipment, families have been devastated due to accidents from these products. Examples of our cases include:
- Broken bones resulting from defective products
- Burn injuries/broken bones resulting from vaporizer pen explosions
- Burn injuries resulting from exploding crock pots
- Serious burns/electrocutions from defective items
- Even defective tires or airbags that cause significant injury or wrongful death qualify as a product liability case
Taking Legal Action After an Injury Caused by a Defective Product
California requires a lawsuit be filed within two years from the point in time when the product in question caused the injuries. The only exception is an instance when the damage resulted from a government entity. In such a situation, the Claim for Damages must be filed within six months from when the incident occurred. It is best to contact our lawyers for legal advice as soon as you are injured. Your health and safety are our primary concern. We handle all types of product liability claims. The injuries suffered from a defective product can range from minor scrapes and burns to brain damage from an exploding items resulting in traumatic brain injuries and in the worst cases death. Injuries to a family member or child can be devastating. The pain and suffering caused from these accidents is not the fault of you or your family. A lawyer from our law firm can help you obtain a settlement.
Product Liability Damages
California laws state an individual injured by a dangerous or defective item can recover both, non-monetary or monetary damages in a settlement. Monetary damages include lost wages and diminished earning capacity, property damage and medical equipment, medications including prescription drugs, and treatment expenses.
Non-monetary damages include diminished quality of life, physical pain, anxiety, humiliation, and emotional distress. Non-monetary damages are applicable to both the past and the future. If you think you may have a product liability lawsuit reach out as soon as possible to ensure the product manufacturer, distributor, or retailer are held accountable.
Collecting Evidence After a Product Causes Your Injury
The steps you take after you are injured in an accident of the utmost importance to obtaining compensation. If you have been seriously injured, dial 911 for prompt medical treatment. The next step is to take pictures of your injuries as well as the product. Make a copy of the receipt of the purchase just in case the original ends up damaged or lost.
Be sure to preserve the packaging and instruction information provided with the product. Move the item to a safe location so it does not cause additional damage. Our los angeles defective product attorneys offor free consultations. Our attorneys can answer questions and make recommendations throughout the evidence collection process. Having someone there to fight on your behalf makes the experience easier.
Personalized Legal Service Tailored to Your Specific Case
The details of your case are quite unique compared to others. This means your case deserves individualized attention that results in a completely unique legal strategy. Our attorneys personalize legal service for each client. Fostering a positive attorney client relationship is important. Hiring a liability lawyer from our team can can assist finding out what your liability claim is worth. Defective products can cause severe injuries to yourself and your loved ones. In the worst cases even wrongful death. We have los angeles product liability lawyers on our team ready to assist you in getting a settlement right away. If you think you may have a claim don’t hesitate to phone our firm today.
Schedule Your Initial Consultation Today
Our legal representation is risk-free in that clients do not pay unless we win the case. We have helped clients throughout California obtain settlement results for defective and dangerous products. Our track record of success shows the recovery of millions of dollars on behalf of clients. Reach out to us today for a free consultation. We can get the ball rolling on your product liability claim. Our team of lawyers is here for you. Your pain and suffering deserve compensation. Many thousands of clients, men, women, and children suffer injuries every year.
You can contact our Los Angeles product liability lawyers by phone by dialing 818-591-8058. Call our office today to set up a free consultation. Victims of defective or dangerous products who would like to reach out by email are invited to send us a message at Office@gcelaw.com. If you prefer to reach out to us by way of our website, fill out our contact form with your email address, name, and phone number and a member of our team of super lawyers will be in touch. Our attorneys care and are here to help you through this trying experience.