Sustaining Injuries from Defective Products: Personal Injury Laws in Los Angeles

Thousands of product manufacturers operate in the United States, and they are all required by law to produce safe and efficient goods that function as advertised. Manufacturers must provide directions for use and safety notices with their goods to warn of any associated risks and advise proper handling. Manufacturers are liable for product liability lawsuits that arise from faulty goods causing injury and other losses. Contact a Los Angeles Personal Injury Attorney to resolve your case.

Find A Los Angeles Personal Injury Attorney for Product Liability Claims

Simply stated, product liability is a legal area in which producers, dealers, retailers, and those who make goods widely available to the public are held liable for injuries caused by such products. This can range from food items sold in grocery stores to office equipment sold to you and used in your office. Suppose you have been hurt or affected by a product. In that case, our Product Liability Lawyers will clarify your options and help you determine if filing a product liability lawsuit is in your best interests.

Defective goods will make their way into the marketplace, and they will not function as intended. The cost of these faulty goods may be limited to the cost and inconvenience of removing or repairing them, or they could have more long-term and catastrophic effects. People can be seriously injured or even killed when a substandard car tire blows out at highway speeds, a toddler is exposed to dangerous chemicals from a toy, or a power tool lacks sufficient warnings about safe use.

What Are the Consequences of a Faulty Product?

Defective goods can cause a slew of problems. When safety equipment fails due to a flaw in its construction or design, it may cause serious injuries. Unfortunately, you'd still have to deal with the consequences of your illness or accident.

You'll almost certainly need medical assistance to heal and recover from being ill or injured. Although this assistance is important, it can also be expensive. You'll still need to take time off work to attend doctor's appointments, and your injuries can prevent you from performing your daily duties. This would result in missed earnings, making it much more difficult to pay the medical bills.

On top of that, you've probably been in a lot of pain and misery, and your quality of life has deteriorated significantly. It's tough enough to recover from a traumatic event without having to worry about all of these additional stresses interfering with your ability to live a relaxed and peaceful life. It is not your fault that you bought a faulty product by mistake. You should not have to bear the repercussions of someone else's carelessness.

Injuries Caused by Faulty Products

A product liability case can result in various injuries due to the millions of consumer products that may be defective. The Consumer Product Safety Commission (CPSC) records accidents related to the following products in addition to cars, motorcycles, and other motor vehicles:

• chemicals;
• flammable liquids, lighters, and fireworks;
• furniture and decor;
• items and services provided by the government
• home renovations and maintenance;
• sports and recreation;
• Toys and children's products

Here are some of the most common CPSC-reported injuries:

• Scarring from lacerations and scrapes
• Bones that have been fractured, broken, or crushed
• Electrocution injuries
• Chemical and fire-related burns
• Amputations are a form of amputation.
• Deaths from drowning
• Poisonous substances that may cause long-term illness or injury
• Carbon monoxide poisonings
• Injury to the neck and back
• Injuries to the brain
• Death

The Law's Definition of a Defective Product

When a product's architecture is excessively risky, it is called a design flaw. A product must pass one of two tests under California law: the customer expectation test or the risk/benefit test.

The customer-expectation test assesses a product's safety by assuming it will work as safely as an average consumer might expect when used in the expected or reasonably foreseeable manner. The consumer-expectation test is primarily used for goods that consumers use on a daily basis and for which they have fair safety standards. The plaintiff must prove four points under California law to pass the consumer-expectation test:

• The substance was made, distributed, or sold by the defendant.
• That a certain product did not perform as well as a typical customer would expect in terms of safety,
• That the plaintiff suffered an injury,
• The plaintiff was, in some capacity, injured as a result of using the product.

The risk/benefit test evaluates the advantages and disadvantages of a product design. The defendant must fail to prove that the benefits of the product's nature outweigh the cost of using the product for a plaintiff to win. Furthermore, the plaintiff must establish three elements:

• The substance was made, distributed, or sold by the defendant.
• That the plaintiff suffered an injury,
• The plaintiff has sustained injuries as a result of using the product.

Manufacturing defects are flaws that occur during the manufacturing process of a product. A substance can appear to be safe on the surface, but it may cause injury or death when used. A manufacturing defect is described by California law as a deviation from the manufacturer's intended result or other ostensibly similar units from the same product line.

Defective alerts occur when those involved with a product's distribution chain fail to alert customers about potentially dangerous aspects of the product adequately. A lack of guidance on certain items is considered a failure to alert. Manufacturers' insufficient warnings and instructions are classified as knowledge defects under California law. These products may be used safely, but they lack safety warnings, putting the customer at unnecessary risk.

Labels

In 2002, the American National Standards Institute (ANSI), which maintains rules and regulations for safety signals, product safety signs, and labels, made significant changes to their warning label guidelines. The new guidelines favor signs that are easier to interpret, have a more concise description, and use pictures to explain the safety risks.

According to ANSI, a warning label should include the following information:

1. Notify the customer of any potential dangers.
2. Inform the customer about the seriousness of the risk associated with the product.
3. Inform the customer about the danger's consequences.
4. Instruct the customer on how to escape the risk.

A warning should be prominently displayed and placed as close to the threat as possible. The label should be designed with the product's expected lifespan and normal use in mind.

One of these keywords, along with the hazard definition, should be placed on a square white background to improve visibility. Underneath the keyword, the summary portion of the mark should be divided into two panels, one with a symbol or graphics section (e.g., a red circle with a slash across a depiction of carelessness) and the other with a warning section highlighting details relevant to the danger.

The following are some questions to consider when evaluating the warning label's effectiveness:

• Was there a chance that the product will cause harm?
• Was the commodity being used in the way it was supposed to be?
• What was the extent of the damage?
• What level of expertise does the manufacturer assume the customer possessed? (The degree of duty to alert varies depending on the product's complexity.)
• How much did the mark depend on the user's expertise and experience?
• Was the warning plain and easy to comprehend?

Product Liability in the Case of a Defective Product

An injured customer may claim compensation from one or more responsible parties, such as suppliers, wholesalers, and/or retail stores, depending on the facts of the case. In a product liability case, determining the defendant is not a matter of picking one responsible party over another; any party involved in the chain of sale of a faulty product may be found liable in a product liability lawsuit. It is important to consider any party involved in the delivery chain when putting together a claim for a faulty product.

• Manufacturer

• This may be a big multinational corporation, an entrepreneur working out of his or her garage, or anyone involved in the product's design or marketing. Claimants may include both the manufacturer of the faulty component and the manufacturer of the whole product, depending on the size of the product.

• Retailer

• When a store advertises a product for sale, it is implying that the item is safe and appropriate for use. If a buyer purchases a faulty product, the manufacturer of that item may be held responsible for damages, even if they were not involved in its manufacture.
• When bringing a lawsuit against a store, keep the following in mind:
• You don't have to be the one who purchased the faulty item.
• You don't have to be the one who used the faulty product to file a claim.
• You may be able to get money back on things you've already used (depending on the product, nature of the defect, and state law)

• Retailer

• When businesses want to sell a commodity, they are implying that it is healthy to use. Some also go so far as to include testimonials and other marketing materials that make safety statements. Even if they did not design or manufacture the faulty product, a retailer might be held liable for a product-related accident in these situations.

• Licensors and franchisors

• Since licensors are involved in selling a product, and franchisors represent the product in the same way as a manufacturer does, each of these parties may be held liable in a California consumer liability lawsuit.
• In a product liability case, determining blame can be difficult due to the various parties involved. And suppose you were an innocent bystander in a faulty product accident. In that case, you can work with an experienced Product Liability Lawyer who can review the accident and have a thorough understanding of the injuries sustained as a result of the accident.

Legal Theories of Product Liability

Several legal theories may be involved in a single product liability lawsuit. Product liability cases are usually brought under the legal theories of strict liability, negligence, or breach of contract based on state laws.

1. Strict Liability
• When a person is held responsible for an action, regardless of his or her mental condition at the time, strict liability occurs. In a product liability case, strict liability means that the defendant is liable regardless of the defendant's intent if the complainant proves the product is faulty.
• Whether or not the maker, retailer, or seller behaved wrongfully, manufacturers, retailers, and sellers are responsible for any personal injuries caused by a faulty product when anyone used it as intended or in a fairly foreseeable manner. This legal principle only applies where the product was defective at the time of sale and caused damage to the consumer or a third party. When the only "damage" caused by the defect is to the product itself, it does not apply. A microwavable heat pack, for example, that explodes when heated but causes no further harm to the user is not considered "strict liability." However, if the heat pack explosion caused burns to the customer and damaged the customer's microwave, the manufacturer would be held fully responsible.
2. Negligence
• You must demonstrate the following in order to pursue a product liability claim based on negligence:
• In the circumstances, the defendant owed you a duty of due treatment (a duty to manufacture or sell a product free from dangerous defects).
• This duty of due care was violated by the defendant.
• Your injuries were caused mostly or entirely by the defendant's violation.
• As a result, you were injured.
• Manufacturers, retailers, and dealers could be held liable if they neglected to use due care in producing, shipping, maintaining, or otherwise handling a product, and the defect resulted in an injury to a consumer or a third party as a consequence of such negligent acts. For example, if a car tire installer is over-inflated a tire to the point where it blew apart when it was used, the installer could be held liable for the damage caused by his or her negligence.
3. Breach of Warranty
• To win a product liability lawsuit based on a breach of warranty, you must demonstrate that an express or implied warranty covered the product and that the defendant failed to satisfy the warranty's terms. The purchase contract or the seller's actions may all produce an express warranty. Market goods are covered by an implicit warranty of merchantability, which is basically a promise that the product is not mislabeled or faulty.
• When a manufacturer, retailer, or seller makes an explicit or implied guarantee to a consumer regarding the quality and usability of a faulty product, the customer may be entitled to compensation if the product fails to live up to the warranty's promises.

You are not alone if you find product liability categories to be perplexing. Since product liability law is complex, it is important to consult with an experienced Personal Injury Attorney if a product has injured you or a loved one. However, strict liability, negligence, and breach of warranty can all be differentiated in general terms:

1. Manufacturers, suppliers, and sellers have restricted protections against liability under strict liability. It would make no difference if those parties behaved fairly or irrationally when creating or selling the faulty product. If a product was faulty before it arrived at the consumer's hands, and the maker, retailer, or seller knew someone would use it without checking it for flaws, they could be held liable for damages. As a result, strict liability cases can be easier to prove than other claims, and they are the claims that a Personal Injury Attorney typically concentrate on first when a product causes an injury.
2. When a party in the "line of trade" acts or fails to act in a way that allows goods with manufacturing or design errors or defects, as well as incorrect or insufficient labeling, to reach customers, this is called negligence. Negligence charges can be more difficult to prove because they necessitate demonstrating that anyone behaved inappropriately during the production, distribution, or sale of the product. An expert Personal Injury Attorney will examine the facts of the case to see whether negligence lawsuits can be filed. Negligence lawsuits, on the other hand, are less common than strict liability claims.
3. Breach of warranty is a contract law principle that deals with commitments made during a purchase and selling transaction. The applicability of warranty claims and the damages available for violation of warranty claims are typically limited.

In California, how are product liability claims handled?

In California, there are several product liability laws in place to protect customers. When seeking justice for clients, a Personal Injury Attorney would be well-versed in these laws and will regularly refer to them. The following are a few of the most significant ones to be aware of:

• Your argument should fall into one of three categories: failure to alert, faulty design, or defective manufacturing.
• In order for you to recover damages, the manufacturer of the product must be at least partly to blame for the injuries.
• When it comes to product liability lawsuits, the statute of limitations is two years from the date of the accident, which means you will have two years to file a lawsuit.

California is a comparative negligence jurisdiction, in addition to the laws listed above. This ensures that you will not be entitled to the maximum amount of compensation if you are found to be partly responsible for the injury. However, in some states, if you are at fault in any way, you will not be compensated, so comparative negligence can work in your favor. For example, if you were involved in a car accident and the airbag failed to deploy properly, the manufacturer of the airbag may be held responsible.

However, it is possible that the accident was caused by your failure to pay attention to the lane, in which case you would not have been injured in the first place if you had been driving safely. The court could then hold you responsible for 30% of the fault, while the manufacturer is responsible for 70%. If you are less than 50% at fault for the accident, you will still be entitled to receive compensation.

E-Cigarettes

As companies advertised e-cigarettes as a cleaner, healthier, and less addictive alternative to conventional cigarettes, they exploded in popularity. Consumers were not informed that these goods were not subject to federal safety regulations. Investigations started when reports of e-cigarette products catching fire and exploding began to emerge. It turns out that e-cigarettes are completely unregulated in the United States, with no mandatory safety or performance requirements. As a result, there are thousands of potentially harmful devices on the market.

Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Medical Devices and Equipment That Are Defective

Nothing is more terrifying than discovering that a medical device or piece of equipment that was supposed to support you has actually caused your injury or illness. Medical devices that save lives are not immune to manufacturing flaws. In order to make a profit, medical product manufacturers can rush production, disregard safety procedures, or fail to alert consumers about known risks. There have been many product liability lawsuits involving medical products throughout America's history, including:

• Hip replacements
• Filters for blood clots
• Defibrillators
• Pacemakers
• Prosthetics
• Instruments for surgery
• Implants
• Stents
• Surgical robots
• Mesh for transvaginal use

Affected customers have the right to sue the liable manufacturing or distribution firm when a product or piece of equipment that is intended to save lives causes serious injury or death due to a malfunction. If this sounds like anything that happened to you or someone you care for, you might be eligible for financial compensation. You may be able to get compensation for things like medical bills, pain and suffering, and missed quality of life.

Drugs and Pharmaceuticals

Pharmaceuticals and medications prescribed by doctors are highly relied upon by patients. Patients use drugs to treat diseases and ailments and alleviate symptoms and relieve pain. Every year, healthcare providers in the United States order an average of 2.8 billion medications for patient use. In a nationwide survey, almost half of all Americans (48.9%) said they had used at least one prescription drug in the previous 30 days. Around a quarter of those polled said they took three or more prescription drugs. With so many people reliant on drugs, it's easy to imagine how a single error or act of neglect could harm or destroy a large number of people.

Household Appliances

Many moving parts and components in household appliances must operate in unison to produce a healthy and successful product. Even the tiniest flaw in an appliance's construction can result in a dangerous product. Water heaters, washer/dryers, gas, and electric ovens, microwaves, toasters, dishwashers, and other appliances all have the potential to cause significant personal injury and property harm. Defective appliances can cause explosions, fires, electrocution, and toxic fumes.

Don't believe you've lost the right to claim because you led to the injury being caused by a household product (e.g., you used your microwave incorrectly). Section 1714 of the California Civil Code outlines the state's pure comparative fault statute. This legislation states that an injured person will still be compensated even though he or she is 99 percent liable for the accident. If a faulty household appliance has caused you harm, you should always seek legal advice, even if you are partially to blame.

Children's Toys

It's difficult to imagine a children's toy company failing to take all reasonable safety precautions before releasing a new product. Despite this, more children are injured each year as a result of unsafe or faulty toys. Emergency rooms across the country treated 254,200 toy-related injuries in 2015. In the same year, 11 toy-related deaths were confirmed. Although not all of these cases involved faulty toys, a large number of them did.

Defective children's toys can overheat, catch fire, cause electrocutions, cause strangulation, contain sharp objects, or contain poisonous chemicals and materials, making them dangerous to use. An investigation into the toy in question could reveal a defect that the manufacturer had either known of or should have known about prior to the item's release. If this is the case, parents will be able to sue the manufacturer for negligence. California's stringent product liability laws allow parents to recover even if the manufacturer may not have learned about or avoided the defect.

Components of a Winning Product Liability Claim

Claimants must prove the following elements in a negligence claim in a product liability lawsuit:

• The plaintiff was hurt or lost something.

• The plaintiff must prove that using the faulty product resulted in physical injury or monetary damage. There is no argument if there is no real accident or harm.

• The product is faulty.

• The plaintiff must show that the product had a design or manufacturing flaw or that the company failed to warn of the product's risks.

• The defect was both the direct and indirect cause of the injury.

• The defect itself must have been the source of the injury. The proximate cause of the accident must also be the faulty product. As a result, if an intervening act supersedes the faulty product as the proximate cause of the accident, the defendant will not be held responsible.

• The product was being used in the way it was supposed to be.

• The product must have been used in the manner in which the manufacturer intended or in which a reasonable person would expect it to be used.

Defective product injuries can cause a great deal of physical, emotional, and financial distress. Our prescreened Product Liability Lawyers might be able to assist you or someone you know who has been hurt by a faulty or defective product.

Damages in Product Liability Cases

If you sustained injuries as a result of a design flaw, a manufacturing flaw, or a company's failure to advise you about potentially harmful aspects of a product, you might be entitled to compensation. In product liability lawsuits, California courts seek both punitive and compensatory damages for the plaintiff. Punitive damages are meant to punish/make an example of a defendant and are uncommon. A court will only award them in serious circumstances involving injustice, fraud, or intent. Compensatory damages are more general, and they are meant to relieve the victim's financial burden. The following things can be included in compensatory damages:

• Medical costs

• Regardless of insurance coverage, victims are often responsible for financial expenses such as hospitalization, medication, rehabilitation, advanced medical equipment, and long-term care. These, as well as other associated medical costs, can be recoupable.

• Wages and earning capacity have been lost.

• Because of the injuries caused by a faulty product, a person may be unable to function for a period of time or may never be able to return to their previous position. It could be possible to recoup lost income and to earn power.

• Pain and suffering

• A victim of a faulty product may be entitled to damages based on the form and severity of the injury, the length of rehabilitation, and whether permanent scarring, disfiguration, or disabilities resulted from the defect.

• Companionship loss

• The intimate relationship between the victim and their spouse or partner may be recoverable as a result of an accident or wrongful death.

• Loss of enjoyment in life

• When a faulty product prevents a victim from engaging in hobbies, pursuits, or other things that they previously enjoyed, the value of that loss can be recoverable.

• Costs of property loss

• A faulty product's cost of repair, replacement, or loss of property can be recoverable.

• Damages for retaliation

• A victim can seek and recover punitive damages if the defendant acts with intent, injustice, or fraud.

Statute of Limitations

If you've been hurt or your property has been damaged as a result of a faulty product, you only have a certain amount of time to file a lawsuit. The California Code Of Civil Procedure establishes a two-year time limit for personal injury (CCP 335.1) and a three-year time limit for property damage (CCP 338(b)).

When you find the accident or property damage, you have a certain amount of time to file a lawsuit. For example, if you were scalded by hot coffee because of a faulty travel mug, it would be the start of the two-year duration under the statute of limitations. In this scenario, you will immediately recognize that the injury was caused by the mug.

It would be different, though, if you experienced organ damage that was eventually found to be the result of prescription drug side effects by your doctor. The two-year duration will begin when your doctor discovered the connection between the medication and the damage, not when you first took the drug or discovered you had organ damage.

Wrongful Death by Defective Products

Under California law, wrongful death lawyers must normally prove the following in order to win a wrongful death action on your behalf (the decedent's heirs):

• That the death was caused by another person's or entity's negligence or unlawful conduct.
• The size of the heirs' losses

Our prescreened Wrongful death attorneys in California will assist you in recovering damages from the individual or corporation whose negligence or wrongful actions resulted in the untimely death of a loved one.

Wrongful death damages in California can include:

• Financial assistance
• Expenses for the funeral and burial
• Costs of obtaining domestic replacement facilities
• If the decedent had lived, the benefits that each heir might have reasonably expected to gain.
• Compensation that is fair for the loss of affection, companionship, warmth, community, solace, moral guidance, and so on.

Our wrongful death lawyers in California investigate injuries or conduct involving (but not limited to):

• Automobiles, agriculture, earthmoving, building, industrial, manufacturing, or recreational equipment are all examples of equipment.
• Exposure to toxic substances
• Injuries caused by faulty goods or medications
• Shootings, murders, and batteries, robberies, and attempted robberies are examples of violent or criminal behavior.

Wrongful death cases can be difficult, contentious, and emotionally draining. Our Los Angeles wrongful death attorneys, litigate such lawsuits diligently to maximize the chances of a favorable outcome.

Find A Defective Product Injury Lawyer in Los Angeles

If you or someone you care about has been injured or died as a result of a consumer product that failed during regular use, contact an experienced Product Liability Lawyer right away. Personal injury cases in California have a two-year statute of limitations, with certain exceptions and special limitations. Do not wait to find out whether you are entitled to compensation.

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can put you in contact with a Personal Injury Attorney. You can contact us through our 24/7 Live Chat (or complete our case details submission form) for a free initial consultation.