Personal Injuries Caused by Defective Products

When customers are injured or harmed by defective products in California, they can take legal action to obtain compensation for their losses. Los Angeles personal injury attorneys who handle product liability can help you if you have been injured or harmed in any way by using a defective product. The manufacturer can be held liable, but an experienced personal injury attorney in L.A. can help you pursue legal compensation.

Quick Facts
Legal basis for claims in LA	California product liability law allows victims to sue for injuries caused by defective products.
Who can be sued for injuries caused by defective products?	– manufacturers; – designers; – distributors; – retailers; – importers.
Types of legal claims	For: – strict liability, – negligence, – breach of warranty, – fraud/misrepresentation claims.
Strict liability explained	Liability applies even if the manufacturer exercised all possible care, as long as the product was defective and caused injury.
Proving a claim	Must show: product was defective, defect existed when sold and it caused the injury.
Evidence collection	Keep the product, take photos, get medical records, and preserve receipts or warranties.
Foreseeable use	Compensation requires showing the injury happened during intended or reasonably foreseeable use.
Types of damages	– medical expenses, – lost wages, – pain and suffering, – emotional distress.
Statute of limitations	In California, you generally have 2 years from the date of injury to file a lawsuit (CCP §335.1); the delayed discovery rule can postpone the start in some cases.
Role of attorneys	Lawyers can help identify defects, gather evidence, calculate damages, and negotiate or litigate claims.
Settlement vs. trial	Most cases settle out of court. Trial occurs if parties cannot agree on fair compensation.
Comparative negligence	Compensation may be reduced if the victim’s own actions contributed to the injury.
Product recalls	Evidence of recalls can strengthen a claim, showing the manufacturer knew of dangers.
Class actions	If many people are injured by the same product, a class action lawsuit may be possible.
Choosing the right legal strategy	Strategy depends on defect type, injury severity, potential defendants and available evidence.

Types of product liability

There are three recognized types of product liability:

defective design (flaws in the design of the product that make it dangerous or unsuitable),
manufacturing defects (flaws in building or assembling the product),
marketing defects (failure to properly describe or warn about the product characteristics).

Examples of manufacturing defects can include: broken toys, objects with cracked components and even medicine that contains substances that are harmful to the individual and should not have been included in the formula (for example, one tainted batch of pills or syrup). Products that are designed defectively can include car models that show various characteristics that are dangerous to the driver or passenger (usually in these cases the manufacturer will recall a large number of cars), accessories like sunglasses that do not protect the eyes as they should have or other household items.

A personal injury attorney will be able to determine the type of defect that occurred and address the responsible party. Because defective products can cause more than one type of injury and, in extreme cases, can even cause wrongful death, you should contact a personal injury attorney as soon as possible if you are dealing with a defective product that can harm you.

Product liability in California

A product liability lawsuit will focus on the party on which the fault can be attributed. This means that the attorney will have to analyze the distribution chain, starting with the manufacturer of the product (or a part of it), the wholesaler, the retail store that sold the product and/or any individual involved in the assembly or installation of the product. Each product liability case for defective products is different, but a personal injury attorney in Los Angeles can analyze the case and help you make a solid claim.

An attorney can help you prove that you have been injured by the product and, at the same time, that the product was defective or it lacked the proper warnings or instructions for use. Cases in which the injured party was using the product in a way that was neither intended nor reasonably foreseeable are generally difficult to sustain in court because the manufacturer is required to make the product safe for its intended and reasonably foreseeable uses.

The following video summarizes the main issues related to defective products claims:

Compensation for defective products

When filing a lawsuit that concerns product liability, you have to consider the specific amount of time during which you can make the claim. In California, it is known as the statute of limitation and, for injuries, the law stipulates that the time period during which you may sue is two years from the date of the injury.

The types of compensations you can get for injuries caused by a defective product include: compensations for medical expenses and damage to your property and/or for emotional suffering caused by the accident.

We invite you to have a better understanding of the legal aspects regarding the injuries caused by defective products from this infographic:

Strict liability and product defects

The law that governs claims for damages for personal injuries caused by defective products in LA is based on the doctrine of strict liability. This implies that any party in the chain of supply or production of a product can be held legally liable for any injuries caused by a defective product, whether or not they were negligent in any way. In order to prove a claim for damages in product defect cases in Los Angeles, the plaintiff is required to prove that the product had a defect in design, manufacturing, or inadequate instructions.

Specialized LA personal injury attorneys can offer additional information and support during any claim regarding injuries caused by defective products.

Who can be held liable in a defective product claim?

In product defect cases in Los Angeles, not only can manufacturers be held liable for damages in cases where their product caused injuries to a plaintiff, but plaintiffs can also sue other parties in the chain of supply or production. This includes wholesalers and retailers who are part of the stream of commerce in getting the product to the consumer who was ultimately injured by a defect in that product.

Defective manufacturing as a cause of car accidents

Defective tires, a malfunctioning braking system or airbag failure are just some examples of how a vehicle may present issues of which the driver was simply unaware of.

Mechanical failure and defective equipment are often pinned on the company that produces the parts, however, the driver also has the responsibility to inspect the car and perform the car maintenance as requested. If this is not an issue in the particular case and the driver can prove that he has done all that was necessary to prevent the malfunction, then the liability for the accident can be attributed to the manufacturing company. In some cases, it may be necessary to determine negligence along the line of production, as there are more parties involved in the manufacturing of a vehicle.

Determining liability is important in vehicle accidents that have not been caused by drivers, but by faulty mechanical equipment. In this case, the plaintiff, together with his personal injury attorney, should explore one of the possible options:

negligence: the manufacturer or dealer failed to utilize reasonable care;
fraud: the manufacturer or dealer intentionally concealed the defect;
breach of warranty: when the stated warranty claim is breached.

Although vehicle accidents caused by defective equipment are not as common as those caused by driver negligence, it is important for plaintiffs to know that, when the equipment does fail, they can claim compensations. An important aspect to consider is the manner in which the owner of the car used a specific equipment or part. In some cases, the defendant may claim that the equipment was not used as intended and thus reduce the value of the claim.

Compensations for car accident injuries

Individuals injured in car accidents can suffer a number of injuries, from mild ones that are not life-threatening, to severe ones that can completely alter their way of life. Traumatic brain injuries, spinal cord injuries that can also mean paralysis are examples of such very unfortunate cases.

These catastrophic injuries, as they are often referred to, are the ones that are settled for the largest amount of compensation, particularly in court. A Los Angeles personal injury attorney is able to help you throughout the trial and any legal hurdles you may be facing after going through such a life-altering event.

The elements of product liability

The three basic elements of a product liability claim are essential for making a strong case. These are:

the injury was directly caused by the product/ by using it;
the product was indeed defective;
you were using the product in an intended or reasonably foreseeable way.

The latter is an essential condition. Lack thereof may mean that your case is a shared fault one. In some exceptional circumstances using defective or malfunctioning products can be a cause of death. A Los Angeles personal injury attorney can help you if a loved one was killed in an accident caused by using a defective product, such as a vehicle.

Injuries caused by dangerous products

Products and devices have the potential of becoming unsafe if used improperly or if the manufacturer failed to specify the conditions under which the product can be dangerous for the user. Individuals who have been injured by using a product that should have been safe and was advertised this way have the right to file a lawsuit against the producer of merchandiser who should have paid attention to the safety recommendations.

Machinery and tools, motor vehicles, recreational equipment or toys and even medical devices and products can prove to be dangerous. The user should be well informed about the risks associated with any commercialized products.

In this type of lawsuit, the defendant will sometimes be able to use a rule called comparative negligence. This means that the plaintiff, the victim, can also be accused that he or she contributed to the accident-event if this contribution has a small degree on the outcome of the accident. It is important to discuss your personal injury case with an L.A. personal injury attorney. An expert will be able to look at the evidence and assess whether or not the defendant can also make negligence claims against you.

Product liability in California

Product liability cases are based on proving that the product had a defect that became dangerous for the user. These defects can be divided into manufacturing defects or design defects. The latter have the potential of affecting more customers because they extend to the products in an entire line.

Product liability cases are quite common, but the good news is that being regulated by the law, there are many ways in which this type of personal injuries can be proved in a court of law in the state of California and a Los Angeles personal injury attorney can assist. If you are in the position to file a claim in a product liability case, you should know that you can rely on both strict liability and the negligence of the producer to make your case.

What do you need to prove in a personal injury caused by defect products case?

Accidents caused by dangerous products can be pursued by a Los Angeles personal injury attorney by filing a lawsuit on one of the following grounds:

the strict liability product;
breach of warranty;
fraud;
negligence.

No matter the grounds, the victim will be helped to gather all the evidence for their case and prove that the product did not meet the safety requirements as imposed by the law. During the case, the lawyer will seek to demonstrate the product is dangerous because it has inflicted a wound or has damaged the property of the plaintiff. The attorney can also show how the product has caused loss of a significant amount of money, if that is the case.

Liability for a defect product in a personal injury case

When taking a case to court is very important to determine the party the claim will be filed against. The party can be:

the retailer;
the manufacturer;
the manufacturer who produced certain components in the product at fault;
the wholesaler or the distributor;
a third party who installed or assembled the product.

No matter the case, it is important to know that, after the accident, you should contact a Los Angeles personal injury lawyer as soon as possible. You should also keep any receipt and warranty of the defective product which will be considered important evidence when arguing the case.

Personal injury settlement values in Los Angeles

Personal injury settlements in California depend on the severity of injuries and other factors. There is no official average settlement value; each case depends on its own facts, evidence and available insurance.

Furthermore, medical malpractice is an unfortunate event that can occur when you are being treated for another personal injury. If this takes place, the negligence or omissions of a doctor causes additional injuries, the aggravation of your symptoms, additional pain, and suffering, or other issues. You can reach out to a medical malpractice lawyer in Los Angeles if you need legal assistance.