Whenever a manufacturer introduces a product into the marketplace, they have a duty to ensure that the product is safe and suitable for consumer use. Likewise, sellers and distributors of products are also required not to sell or distribute products that they know or ought to know are unsafe.
Unfortunately, manufacturers, sellers, and distributors don’t always honor this duty of care to make safe products available. According to the United States Consumer Product Safety Commission, thousands of people are injured and even killed after using hazardous consumer products. Economically, the losses amount to approximately $1 trillion each year. Emotionally, the toll is even worse.
At Moaddel Kremer & Gerome LLP, we have pursued justice and financial compensation for clients who have suffered illness or injury due to defective consumer and household products. These items include children’s toys that represent a choking hazard, defective automobile brakes, defective airbags, and securing mechanisms (e.g., seat belts) that don’t keep the wearer safe as advertised. The result can be:
- Burn injuries, such as third-degree burns
- Crushed fingers or extremities
- Broken bones
- Spinal cord injury
- Traumatic brain injury
When you’re injured because a product manufacturer, seller, or distributor was negligent, get legal advice from a personal injury lawyer in LA who has the experience, resources, and determination to hold them accountable.
Product Category Defects in CA
Identifying the type of product defect that caused your injuries is crucial to determining who is liable. In general, there are three types of product defects: design, manufacturing, and labeling. A Los Angeles products liability attorney at our law firm can help you identify which category applies to your case.
Design
In some cases, dangerous product defects arise from a product design flaw. In this instance, California courts use a risk-benefits test to weigh the designer’s liability for a consumer’s injuries. This test is designed to determine whether the risk posed by the design outweighs the benefits. If the answer is yes, the designer may be held accountable for catastrophic injuries caused by this defect.
As another means of finding a design defect, the court may apply the consumer expectation test. When a product fails to perform as safely as an ordinary customer would expect it to, the product may have a design defect. If so, the flaw will affect all goods made using the design and a recall will likely be necessary.
Manufacturing
Consumer products can be faulty by production if the materials or assembly processes used in manufacturing have problems. A defect of this type may affect only certain production lots, such as when a manufacturer switches suppliers for the raw materials used in production. When the new supplier’s materials are lower quality than the original, this can result in major flaws in the manufacturing process.
If manufacturing defects result in an injury, the manufacturer can be held liable for damages such as medical bills, lost wages, and loss of future income. A product liability attorney can assign a value to all of your losses and demand fair compensation for a faulty product claim.
Labeling
All manufacturers are required to warn consumers of potential dangers associated with their products. If they use an inadequate warning label, they may be held liable for any catastrophic injuries incurred as a result. This is also known as failure to warn, and a product liability lawyer can hold them responsible for this omission.
Legal Liability in a Los Angeles Products Liability Case
California law allows a personal injury victim who has been injured by one of these types of defects to seek damages under one of the following three theories of legal liability.
Strict Liability
Under this state’s strict liability laws, any company or individual that manufactures, supplies, or sells a defective product is liable for any consumer injury it causes when the product is used as intended or in a reasonably foreseeable way. This theory only applies if the product was defective at the time of sale, and the defect caused someone to be injured.
Negligence
A manufacturer, supplier, or seller may be held liable for a defective product if they failed to exercise reasonable care in manufacturing, packaging, maintaining, or otherwise handling the product, and, as a result, the defect caused injury to the user or a third party.
Breach of Warranty
Whenever a manufacturer, supplier, or seller makes express warranties or an implied warranty to its customer about the quality and usability of a defective product, the customer might be entitled to compensatory damages if the product does not meet those promises and injury results. Our experienced lawyers have assisted many injured people with breach of warranty claims and will give you the right legal counsel for your case.
Compensation for Defective Products Injuries in CA
When a negligently-designed product leaves you with severe injuries or the wrongful death of someone you love, you can file a defective product injury lawsuit against the at-fault party to recover maximum compensation for your economic and non-economic damages. A Los Angeles products liability attorney may be able to help you file a claim for the following:
- Medical costs
- Loss of income
- Loss of earning ability
- Rehabilitation therapies, such as physical therapy and psychological counseling
- Cost of long-term care
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death
- Property damage
Punitive damages, also known as exemplary damages, can also be collected if the party who caused your injuries acted in a particularly reckless or negligent manner. They are used primarily as a punishment for the defendant’s misconduct, even though they are technically a form of additional compensation. At Moaddel Kremer & Gerome LLP, an experienced attorney can advise you whether this is an option for your case.
How Long Do I Have to File a Product Liability Claim in CA?
If you have been injured by a defective product in California, you need to file your personal injury lawsuit within two years of the date you realized or should have realized that you were injured. A Los Angeles products liability lawyer at Moaddel Kremer & Gerome LLP can file your claim before this statute of limitations expires and present evidence to support your claim for maximum compensation, such as:
- Collecting medical treatment reports
- Getting statements from any eyewitnesses to the accident
- Obtaining professional opinions when needed
We will not settle for anything less than the money you need to cover your past and future financial needs.
Who May Be Liable for My Injuries?
Legal responsibility for a dangerous product may lie with any of the following parties in the chain of distribution:
- The product’s manufacturer (for a manufacturing error)
- The party that assembled the product
- The retail store from which the consumer purchased the product
- Whoever installed the product
- The product wholesaler
- The marketer (for a marketing defect claim)
To be covered by California’s product liability laws, a product must be sold as part of the supplier’s business. Someone who resells a product at a rummage sale or flea market would almost certainly not be held liable for your injuries. Your Los Angeles products liability lawyer can identify all parties in the chain of distribution that share responsibility for the accident and take legal action against them.
What Products Are Covered by California Liability Law?
Almost every product in California is subject to product liability laws. There are certain limitations in personal injury cases against prescription drug companies and manufacturers of medical products, but practically everything else is covered: motor vehicles, children’s toys, household furniture, industrial machinery, electrical devices, and more.
If you are injured while using an older product, our experienced team can investigate further, as older products cannot always be held to the same safety and production standards as modern goods. The key question is whether the product in question was improperly manufactured or failed to meet design and warning standards that were in effect at the time it was manufactured.
Get Your Los Angeles Product Liability Lawsuit Started Today
If you are injured because a California manufacturer failed to deliver a properly designed or manufactured product or didn’t warn you of the foreseeable dangers associated with its use, contact a product liability injury attorney at Moaddel Kremer & Gerome LLP. Consumers harmed by misplaced trust in a manufacturer deserve compensation, and our experienced product liability lawyers in LA will fight for the award or settlement you need. To schedule a free initial consultation, contact us today.
