According to the U.S. Consumer Product Safety Commission (CPSC) every year tens of thousands of people in the United States suffer injury or death from faulty poorly designed or otherwise unsafe products. Most of these incidents occur due to the negligence of a product’s designer manufacturer or distributor. Unfortunately these parties are rarely held accountable unless consumers take legal action.
Anyone in Los Angeles who had their property damaged or has been injured by a defective product can seek the assistance of experienced product liability attorneys from the Dolan Law Firm. Our attorneys will meticulously assess the circumstances surrounding your case and conduct a thorough investigation into the causes of the defective product and present to you viable legal options. No one should have to bear the burden of someone else’s mistake and we will diligently advocate on your behalf.
To speak with a qualified product liability attorney in Los Angeles contact us at 415-417-1643. We offer a free consultation and confidential case evaluation as well as provide honest and straightforward legal advice on how to proceed.
What Is Product Liability?
Product liability lawsuits examine the quality construction or design of goods their labeling and warnings marketing regulations as well as other product information to ascertain if any party in the chain of distribution (e.g. a manufacturer or vendor) may be held liable.
With the help of a Los Angeles product liability lawyer plaintiffs may seek the compensation they deserve for medical bills lost wages pain and suffering and other losses associated with the incident. In addition punitive damages may be awarded in cases where the manufacturer or vendor was negligent or indifferent.
Types Of Dangerous Product Defects
There are many ways in which a product can be defective including a manufacturing error a design flaw or a lack of adequate warnings or instructions. However whatever the cause the end results may remain the same: a faulty product may pose a danger to consumers causing considerable emotional physical and financial harm.
- Manufacturing defects occur when a product does not meet the manufacturer’s design or quality standards e.g. flaws or errors in its production that make the product unsafe for its intended purpose.
- Design flaws involve the design of the product in that it is inherently dangerous or inadequate for its intended purpose.
- Inadequate warnings (or failure to warn) suggest that the user may be unaware of certain risks associated with the product thus leaving them vulnerable to harm e.g. a manufacturer company not providing adequate instructions for the safe use of their product.
In the event of an injury resulting from the use of a dangerous or defective product it is recommended that you contact a Los Angeles product liability attorney. They may assist in filing a lawsuit for negligence breach of warranty or strict liability.
No one should settle for less than they deserve. Contact an experienced Los Angeles defective product attorney today to learn more about the steps to follow regarding your case. Call: 415-417-1643.
How to identify a product liability case?
To build a successful product liability case the injured parties must prove four elements:
- The product was defective;
- One was injured or harmed by the product;
- The product was used as it was intended; and
- The defect was the cause of the injury or harm.
The key legal element is causation. In other words the claim can only be filed if harm was the result of the actual use of a product.
While certain products may be deemed as inherently dangerous and therefore pose potential dangers if no actual harm has been caused then there can be no grounds for a product liability claim.
For example if a battery bursts but there is no damage there is no reason to file a product liability lawsuit. Similarly if a kettle falls off a kitchen countertop and shatters due to a design defect yet no boiling liquids are spilled (that could otherwise cause burn injuries) then there is no cause of action for a product liability claim.
When faced with a potential product liability situation or case it is recommended that a qualified Los Angeles product liability attorney be consulted to assess whether a case can be made. A review will be conducted to assess the potential damages for legal proceedings.
What Type Of Damages Can I Pursue?
As in most personal injury cases there are two types of damages typically pursued in a product liability case: economic and non-economic.
- Economic damages: Damages caused by defective products may lead to significant tangible monetary losses. Among these are wages lost due to time missed from work loss of future earning capacity medical costs physical therapy prescriptions rehabilitation and assistance from specialists mobility aids transportation fees property damage and payments for essential household services.
- Non-economic damages: The out-of-pocket losses from a product liability reveal only a fraction of the actual harm — the emotional and psychological suffering may be just as devastating. These include pain and suffering loss of quality of life fear anxiety depression humiliation and more. Loss of consortium or even wrongful death in the event of a fatal accident may be filed by surviving family members.
California does not impose a limit on the amount of non-economic damages that may be recovered from a product liability lawsuit.
Additionally punitive damages may be awarded to reckless manufacturers or liable parties for misconduct. They also serve as a deterrent for engaging in similar behavior in the future. For example if a manufacturer is aware of the potential danger of their product but continues to market and/or sell it concealing any evidence of its potential danger from the public would make them liable. However punitive damages are an extraordinary measure and are rarely awarded in product liability cases.
Common Injuries Caused By Defective Product Accidents
From car parts to home appliances power tools and medical devices — faulty products may be an insidious risk lurking in all areas of life. If these defects go undetected they may result in significant personal injury. According to the CPSC 23000 deaths occur in the United States each year due to defective and dangerous products with 31 million other people suffering injuries. Even something as seemingly harmless as a toy may cause serious health problems if it contains toxic materials like lead for example.
These injuries may be sufficient to prevent the injured party from leading a normal life. Therefore it is only fair that negligent parties are held liable for the damage they have caused.
- Lacerations and contusions;
- Muscle strains;
- Broken bones;
- Burns and scalds;
- Facial and/or bodily disfigurement;
- Internal injuries;
- Traumatic brain injuries (TBIs);
- Spinal cord injuries;
The Dolan Law Firm has obtained hundreds of millions of dollars in personal injury verdicts and settlements empowering the injured parties – including those hurt by defective products — with the financial foundation they need to rebuild their lives and move forward with dignity. Fortified by more than 35 years of experience our legal team is well-prepared to handle even the most complex cases no matter the scope or degree of injury (see what our clients have to say).
The Dolan Law Firm is always available to provide assistance. Our services are completely free of charge and all information shared with us is held in the strictest confidence. We can be reached at 415-619-5204 or by using our contact form.
How much does it cost to hire a product liability lawyer in Los Angeles?
At the Dolan Law Firm our Los Angeles lawyers handle product liability cases on a contingency fee basis — meaning we do not charge hourly fees and our clients do not pay a cent unless we settle your case.
Should I hire a Los Angeles product liability lawyer even if I was at fault?
In the state of California product liability claims are subject to pure comparative negligence (also known as comparative fault) rules. This means that even when partially at fault for the incident the party may receive compensation for the damages but at a reduced rate depending on your degree of negligence. Legal advice from Los Angeles-based product liability lawyers is available to assess the viability of one’s case and to provide the most appropriate legal strategy to adopt.
When should I contact a Los Angeles product liability lawyer?
California Code of Civil Procedure 335.1 stipulates that any product liability claim must be filed within two years following the injury. Filing beyond this time period the court will most likely dismiss the claim. That is why it is important not to wait and to consult with a trusted product liability lawyer in Los Angeles to process your case.