When customers are injured or harmed by defective products in California, they can take legal action to obtain compensation for their losses. Our Los Angeles personal injury attorneys, who specialize in 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 only an experienced personal injury attorney in L.A. will be able to help you obtain legal compensation.
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 causewrongful 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 our personal injury attorneys in Los Angeles will analyze the case and help you make a solid claim.
As an injured party, our attorneys will 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 not using the defective product for its intended purposes cannot be sustained in court because the manufacturer is only required to make the product safe for a reasonable, specific purpose.
The following video presented by our Los Angeles personal injury attorneys 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 compensatory damages for medical expenses and damage to your property or punitive damages for emotional suffering caused by the accident. For defective products, the most common types of compensations will be compensatory ones.