Los Angeles Product Liability Lawyer
Each year, defective products on the market put thousands of consumers in significant danger of being unreasonably harmed despite consumer protection laws and advanced manufacturing techniques.
Put simply, some companies are not as careful as they should be when bringing products (like medical devices, home appliances, automobiles, and prescription drugs).
If you, a family member, or someone you know was a victim injured by a faulty, dangerous, or defective product in Los Angeles, immediately get in touch with a law firm for legal advice from an experienced product liability lawyer that understands the laws that protect consumers from serious injuries caused by defective products.
WHY HIRE THE REEVES LAW GROUP FOR YOUR PERSONAL INJURY CLAIM?
- $250,000,000+ Recovered for Our Clients in California
- Newsweek’s 10 Best Personal Injury Attorneys
- No Fee Guarantee – No Fees Unless We Win
Review of The Reeves Law Group, Product Liability Lawyer in Los Angeles, CA
I had a great experience with The Reeves Law Group. I was in my very first accident in June. I called them and told them what had happened. By the next day, I received a visit from their representative to my office to take my report and explain to me the process. I was told it will probably take 3-4 months to finalize everything. It is now October and I received my check hand-delivered. God forbid anyone gets into an accident but if you need help please contact this law firm. You won’t be disappointed.
Connie R. via Avvo
Review Rating: 5 / 5
Date Published: 07-30-21
Understanding California Products Liability Law and Recoverable Damages
If you have been injured or made sick by a dangerous product in California, you may be considering filing a lawsuit. A “product liability” (or “products liability”) lawsuit gives an individual who is harmed by dangerous or defective products a remedy for their injuries and other losses.
By filing a product liability lawsuit, a consumer may be able to recover damages for:
- Pain and Suffering. At The Reeves Law Group, we understand that a product-related accident can cause extreme pain and prolonged suffering. By filing a product liability lawsuit, you may be able to recover an award for damages that takes into account any pain and suffering that you endured.
- Economic Damages. The out-of-pocket expenses of economic damages incurred by injured victims can be extraordinarily high, which may include anything from future medical expenses to lost wages. These damages may also affect the amount by which your overall earning capacity has diminished. An ambulance ride alone, if needed, can cost nearly $3,000. If you incurred hospital bills or paid for medical treatment or physical therapy after an injury due to a dangerous product, you should speak with a Los Angeles product liability attorney immediately.
- Other Losses. If the court rules in your favor, you may be compensated for other losses, which in some appropriate cases may even include punitive damages. In the worst possible case where a fatality occurred from a defective product, the family of the deceased may be able to pursue a wrongful death case. A consultation with a defective product lawyer at a quality law firm will provide the legal advice you need to pursue an appropriate lawsuit.
What To Do After You’ve Been Hurt by A Defective Product
- Seek medical help. As with any accident, the first thing you should do is see a doctor and make sure that you receive treatment for your injuries.
- Collect Evidence. Victims of defective products can document the defective product. Use a camera to photograph both the product and your injuries. Write down your recollection of the accident. If anyone saw the accident, record their testimony and contact information.
- Store the product. It is extremely important for you to put the defective item and all packaging and labels in a safe place. Do not continue to use the product. If you know about the defect, but keep using the product, you could lose your right to make a claim against the defendants.
- Consult with a product liability lawyer. Product liability cases can be extremely complicated due to the many parties who may be liable and the complex investigations needed to show how the product malfunctioned. It is essential to choose a law firm with a seasoned product liability lawyer who can manage your case, precisely determine who is responsible, and seek compensation to help you recover from damages such as lost income and expensive medical bills. Most experienced lawyers offer a free consultation for their clients.
Who Is Liable for Injuries Caused by Defective and Dangerous Products?
When a defective product causes an accident, many different parties in the distribution chain could be held liable.
Defendants strictly liable could include:
- The designer and manufacturer of the product
- Parties responsible for installing or assembling all or part of the product
- The product distributor
- The retailer
What Are the Types of Product Liability Claims?
There are three forms of dangerous product defects that can be reported when filing product liability claims against a manufacturer, supplier, or any parties involved in the production of the defective product.
These claims must be based on evidence that the product was defective and the defect led to an injury, illness, or death.
A design defect occurs before a product is manufactured. For example, a manufacturer may design a washing machine that has a defect in the latch mechanism of its door. The problem is in the way the engineer originally designed the latch mechanism that made the product dangerous for use.
If the latch mechanism injures someone, the manufacturer may be found liable for the defective design of the washing machine.
A manufacturing defect occurs when a product is being assembled and before it is sold. If a company produces 10,000 riding lawnmowers, a certain number of the lawnmowers might have a manufacturing defect that causes the seat to eject its operator during use. Although not all products will end up being defective, if a flaw in the manufacturing process made a product defective and dangerous and caused serious harm to a person, the manufacturer can be held liable for their injuries and other losses.
Advertising or Marketing Defects
In the event of a marketing defect or advertising defect, a company may be found liable for (1) advertising a product for a purpose for which it was unsuitable, or (2) failing to explicitly describe to consumers the proper use of their product or any potential dangers even when used as intended. Products such as electrical and medical devices can be subject to improper use due to warning defects.
Other Types of Causes of Products Liability Claims
Other common causes of harm that professional Los Angeles product liability attorneys could seek in a product liability claim include:
- Failure to Warn. A manufacturer’s failure to warn consumers of potential risks in the usage of their product is an essential element in filing a liability claim. It is a failure of the manufacturer and any part of the chain of distribution to inform the public of their products’ proper use or the presence of a known defect that may potentially result in catastrophic injuries or even wrongful death. They can be held liable for injuries that could have been prevented if proper warnings and instructions were disclosed.
- Warning Labels. Some products do not require a warning label, but some do such as electrical devices and objects that are potential choking hazards. Lack of necessary warning or safety labels to inform the public of products that pose unreasonable danger or risk of injury is one of the more obvious cases for experienced product liability lawyers to prove if it is permitted with the claim.
- Food Poisoning. In the case of food poisoning, claims that can be filed against manufacturers and anyone in the chain of distribution down to those who handle food. However, the difficulty of these particular claims comes from proving your injury came from the food that made you sick and that it was contaminated.
What Product Liability Lawsuits Can I Pursue?
Since there are no federal product liability laws, claims are determined by state laws where there are three primary types of liability: negligence, strict liability, and breach of warranty. A trial lawyer in Los Angeles can help plaintiffs pursue lawsuits against a defective product’s chain of distributors although product liability law typically dictates manufacturers as the primary entity held responsible for placing the faulty product in the stream of commerce.
Filing a negligence claim involves the premise that the defendant of the dangerous or defective product is deemed liable for an injury or illness suffered by the plaintiff due to careless design, manufacturing, or marketing of the alleged product. The injured consumer must prove essential elements of their case where negligence on the part of the defendant resulted in harmful consequences to the plaintiff.
This includes demonstrating the defendant had a duty to sell a safe product, that this duty was breached (whether they knew or should have known the product was faulty), and that the defective product directly caused the plaintiff to suffer a significant injury.
The most common and straightforward of the various types of cases are pursued under the basic premise of strict liability. Strict liability laws do not require the injured party involved to prove negligence on the part of the product manufacturer. They only pertain to the fact that an injury or damage occurred from a product manufactured or sold by the defendant, that the product was defective when it left the defendant’s possession, and that the defect in the product resulted in consumer injury.
Strict liability involves establishing the potential danger of a product due to defects in design, manufacturing, or an inadequate warning label.
Breach of Warranty
Many consumer goods in the United States offer some level of protection to the buyer that is covered by warranties. Warranties are promises made by manufacturers or retailers stating that they will stand behind the quality of their products. There are two primary types of warranties that exist: express warranty and implied warranty.
An express warranty, written or spoken, is an explicitly stated representation of a product that includes information regarding its safety and proper use by the manufacturer or retailer. However, most consumer purchases are covered by an implied warranty, which is an implied promise by the manufacturer that the product is safe and guaranteed to work when used as intended.
Dangerous Product Statistics
The Consumer Product Safety Commission (CPSC) is the government agency tasked with protecting consumers from bad merchandise. The CPSC is constantly conducting research on potential product hazards to reduce injuries and deaths caused by defective goods.
The following CPSC statistics give a glimpse into just how big of a problem faulty products can be.
- Deaths, injuries, and property damage from consumer products cause more than $1 trillion in damage yearly.
- Over the last 5 years, the CPSC has been involved in recalling 473 products, involving 116 million recalled items.
- The CPSC estimates that between 2009-2011, fires caused by faulty products resulted in 2,260 fatalities and $6.68 billion in property loss. Cooking equipment was the greatest cause of these fires.
- In 2013, there were more than 5 million consumer product-related injuries that sent adults between 25 and 64 years of age to the emergency room. There were nearly 2 million injuries to people age 65 and older.
- The most common hazards associated with children’s products include high quantities of lead in toys, high levels of phosphates in products, and toys that pose a choking hazard.
Recent Product Recalls
Dozens of defective products are recalled each year due to the threat that they pose to consumers. The following are a few of the large recalls that affected people nationwide.
- In October 2014, The National Highway Traffic Safety Administration issued a consumer advisory recommending that people take immediate action on recall notices for nearly 8 million vehicles made with defective airbags.
- Williams-Sonoma agreed to pay a $700,000 fine for knowingly failing to report window coverings that posed a serious choking threat to children.
- Tectron International recalled 55,000 USB chargers due to a fire hazard.
Products Liability Attorneys Serving Southern California
If you or a loved one have suffered burn injuries (such as third-degree burns), brain trauma, amputations, or other serious injuries caused by a defective product, give our law firm a call to request a free consultation and speak with a Los Angeles product liability attorney today. Our experienced team will fight for your right to be compensated for injuries and losses you incurred as a result of a dangerous product.
For a free initial consultation with a defective products attorney serving Southern California, Call (213) 271-9318.
[Written by Derek Pakiz. Article updated on 2022-11-28]