Eisenberg Law Group
Los Angeles Product Liability Attorneys
When an injury occurs through the use of a product, it is possible and even likely that the product was defective. If you have been injured through the ordinary use of a product, or even unordinary use of the product, you are likely entitled to seek damages from the manufacturer, distributor, and/or retailer of the item.
The Basics of Product Liability
Product liability law is centered on holding companies that design and sell harmful or defective products or goods accountable for the resulting harms and losses. When a manufacturer, retailer or distributor places a product on the open market for sale and use, and that product causes injury due to a problem with the product, all three (manufacturer, distributor, and retailer) can be held liable for the injuries caused by the problematic product.
When a consumer who has been injured by a defective product looks to sue the responsible company, the consumer can bring a product liability claim under either a Strict Liability theory or a Negligence theory. Many product liability cases in California fall within the Strict Liability theory, however there are some exceptions. Here is a more detailed description of each of these legal theories.
Strict Liability Theory
The strict liability theory is applicable when the individual injured by the product proves the defendant either created, distributed or sold a product that had one of the following three issues:
1) a manufacturing defect;
2) a defective design
3) or lacked the proper instructions or warnings of safety hazards.
Regardless of what efforts the creator, distributor, or seller of the product took to ensure the product was safe, if the product causes injury due to any of these three reasons, the creator, distributor, and/or seller will be held responsible for the resulting harms.
There is one caveat, however. In order to hold a company under a strict liability theory for causing injuries with a defective product, the product must have been used in a “reasonably foreseeable way.” What this means, in essence, is that the creator, distributor, or seller of the product must have been able to anticipate the way in which the injured person used the product. The injured party is not required to prove that the company contemplated that particular use of the product, only that it was a reasonably foreseeable use.
Manufacturing defects occur when products are made in a condition that is considered substandard. A product that is made incorrectly, even in a subtle way, such as manufacturing the product without a small yet important component like a screw, has a legitimate manufacturing defect. Manufacturing defects occur where the product is made unsafe due to the way in which is was assembled or constructed.
Frequently, we see that large corporations attempt to keep costs down and profits up by using artificial intelligence to manufacture products. Also, corporations are putting less people in factories to save money, which in turn leads to less oversite and management of the production line. When a company chooses profits over safety and a product is manufactured in a way that causes it to be dangerous, the corporation needs to be held responsible.
A product has a defective design if it was designed in a manner that causes harm to the end user of the product. Products are considered defective in design if they do not function as safely as a customer expects when they are used in a manner that a reasonable person or company could foresee. A design can also be defective if the pros of the design do not exceed the design’s inherent danger.
Often, manufacturers will design a product so that it will cost as little as possible to produce. However, if corners are cut to keep production costs down, the design may be defective and dangerous.
Failure to Warn
The failure to warn comes to light when the maker, seller or distributor of a product should have known or knew the product in question had potential risks that presented a meaningful danger when used/misused in a foreseeable manner or the intended manner. If the maker, seller, or distributor of the product knew or should have known this, yet failed to warn of those risks, then this would be considered a strict liability failure to warn case. When a maker, seller, or distributor of a product fails to warn about the dangers associated with the product, it will be held responsible for the injuries caused by the product.
Negligence can be found in everything from the manufacturing process to employee training procedures to the application of safety rules. In order to determine whether there was negligence, your attorneys need to conduct a thorough investigation of the maker, distributor, and/or seller’s design process, manufacturing process, their rules and regulations, and their policies and procedures.
If negligence is present in any of these facets of the manufacturing, distribution, or sale of a product, then the manufacturer, wholesaler, or retail seller of a product can be held liable under a negligence theory of liability. In order to prove the negligence theory, the claimant must demonstrate that the maker, distributor, or seller of the product did not act appropriately- in other words, breached the standard of care- and thereby caused injuries and damages to the person or persons who were injured by the product.
Product Liability Cases
Our law firm has handled a wide array of product liability cases throughout California. Examples of our product liability cases include:
Taking Legal Action After an Injury Caused by a Defective Product
California requires a lawsuit be filed within two years from the point in time when the product in question caused the injury. The only exception is an instance when the harm resulted from a government entity. In such a situation, the Claim for Damages must be filed within six months from when the incident occurred.
Product Liability Cases
California law states an individual injured by a dangerous or defective product can recover either, or both, non-monetary or monetary damages. Monetary damages include lost earnings and diminished earning capacity, property damage and medical equipment/medications/treatment expenses.
Non-monetary damages include diminished quality of life, physical pain, anxiety, humiliation and emotional distress. Non-monetary damages are applicable to both the past and the future. Our law firm is here to ensure you are provided with maximum compensation for every single one of these damages.
Collecting Evidence After a Product Causes Your Injury
The steps you take after your product injury are of the utmost importance to obtaining compensation. If you have been seriously injured, dial 911 for prompt medical attention. The next step is to take pictures of your injuries as well as the product. Make a copy of the receipt of the purchase just in case the original ends up damaged or lost.
Be sure to preserve the packaging and instructions provided with the product. Move the product to a safe location so it does not cause additional harm. Reach out to our defective product attorneys for a no-cost consultation.
Personalized Legal Service Tailored to Your Specific Case
The details of your case are quite unique compared to others. This means your case deserves individualized attention that results in a completely unique legal strategy. Our attorneys personalize legal service for each client.
Schedule Your Initial Consultation Today
Our legal representation is risk-free in that clients do not pay unless we win the case. We have helped people throughout California obtain compensation for defective and dangerous products. Our track record of success shows the recovery of millions of dollars on behalf of clients. Reach out to us today so we can get the ball rolling on your case.
You can contact our product liability attorneys by dialing 818-591-8058. Victims of defective or dangerous products who would like to reach us by email are invited to send us a message at Office@gcelaw.com. If you prefer to contact us by way of our website, fill out our contact form and a member of our team will be in touch.