The National Safety Council estimates that there are more than 12 million consumer product injuries each year. When these injuries are serious, they can disrupt or even change lives.
Injuries caused by defective products in California may be the basis of compensation.
Understanding Product Liability
Product liability is the right of a victim to claim compensation when they’re hurt by a product they use. Think of all the things you use each day—clothing, food, medicines, motor vehicles, furniture, sporting and exercise equipment, and hundreds of other items. You trust that these things are safe and will work as intended. When something goes wrong, you may have a product liability case.
Product liability is legal liability for designing, creating, or distributing a defective product.
Someone who is hurt by a defective product may have the right to compensation.
To have a product liability claim, you don’t have to be the one who bought the product. The question is whether your use of the product was foreseeable.
Types of Defects
- Manufacturing error where a product doesn’t work as intended
- A design that makes a product more likely to catch fire
- Unreasonable risk of getting cut or crushed, choking hazards
- Something that isn’t sturdy enough and could collapse or break
- A better design is available based on current standards
- Safety issues with food or medicine
- Production issues where critical components are missing or flawed
- Labeling or instruction defects so people can’t use a product safely
- Unreasonable chemical exposure leading to physical harm
A product may be defective because of how it is designed. There may be an unintentional error in the production process that causes a malfunction. In addition, a product may be legally defective because of inadequate instructions for safe use.
Some products carry inherent risk. For example, if a driver acts negligently and they are in an accident, that’s not the fault of the motor vehicle company. However, if a manufacturing flaw caused a seatbelt to fail during an accident, that is the fault of the motor vehicle company.
Common Defective Products Leading to Injuries
- Cars, trucks, other motor vehicles, airbags
- ATVs, recreational vehicles
- Construction equipment, tools, machines
- Sporting and recreational equipment
- Furniture, household goods
- Amusement park rides, boats
- Children’s toys, infant and toddler supplies
- Chemicals, cleaning products, weed killer
- Food, medicine, personal care items
Any product could potentially be defective. The questions are whether the product was too dangerous and whether the defect caused an injury.
Steps To Take if You’re Injured by a Defective Product
If you’re injured by a defective product, get medical help right away. If necessary, call 911 and follow instructions until help arrives. Injuries may be more serious than you realize, and symptoms can be delayed. Plus, immediate medical care documents your injuries shortly after the accident.
Save items related to the accident, including the defective product, clothing that you were wearing, or other items that were damaged. Have someone take photos of the accident scene and injuries. Identify witnesses and get their contact information if possible.
Gather information related to the product. Find the receipt, repair records, and anything else related to ownership of the product.
How To Document and Preserve Evidence of Defects
As the plaintiff was injured by a defective product, you must prove your case. That means documenting and preserving evidence is important. Ways that you may build the evidence include:
- Inspecting the product to determine how it malfunctioned
- Consulting with experts about the product design
- Reconstructing the accident
- Gathering records of manufacturing and distribution
- Having proof of purchase, ownership, or use of the product
- Taking photos related to the accident, including the scene and injuries
- Collecting medical records
- Securing witness testimony and statements
- Verifying damages including lost income, disability, and life impact
Consult with a lawyer as soon as possible. We can help you preserve the evidence or have an item inspected, if necessary. At LA Century Law, we evaluate the evidence needed to document your defective product case.
Legal Rights of Victims in Defective Product Cases
- In California defective product cases, you don’t have to prove that the defendant acted negligently. Strict liability is the standard. The defendant may be liable simply because they were responsible for the product.
- You have the right to a trial by jury. You may bring your case under any of the recognized theories of product liability—defective design, manufacturing, or failure to warn.
- Even foreseeable misuse of a product may be compensated. Misuse is a complete defense only when alteration of the product or unforeseeable use is the sole cause of injury.
- Compensation may include economic and non-economic losses.
- You have the right to a lawyer of your choice to represent you.
The Role of Manufacturers, Retailers, and Distributors in Liability
There may be multiple parties involved in the creation and sale of a product. The party who manufactures the product may be liable for its design or manufacturing flaws. Retailers, distributors, and marketers may have liability too.
Everyone involved in the chain of sale of a product may have liability when harm occurs. Your lawyer can help you determine whether to assert strict liability, negligence, or other legal theories. They can assist you in determining what defendants to name in your case.
Successful Defective Product Claims in California
Successful defective product claims in California:
- Thoroughly investigate the nature of the defect
- Support their claim with evidence
- State the appropriate legal theories of the case
- Identify damages, including economic and non-economic losses
- Begin in the appropriate time frame
- Respond to defenses and aggressively pursue the case
What Damages Can You Claim?
Damages that you can claim for injuries caused by defective products in California include economic and non-economic losses. You may claim compensation for medical bills, lost income, pain and suffering, and more. Both adults and children may bring a claim. Surviving families may receive compensation if a death occurs.
Contact a Century City Personal Injury Lawyer
LA Century Law is a premier injury law firm serving Century City and the surrounding areas.
We’ve collected millions in compensation for victims.
Our law firm represents people suffering from injuries caused by defective products in CA.