Defective products are common. Any commercial product can be defective if due to either a manufacturing defect, design defect or failure to warn defect results in injuries. Often times injured parties do not retain an attorney. As a result they are often forced to pay out of pocket for injuries which they were not responsible for. Retailers and manufacturers will deny liability and justify the denial based on “consumer misuse”. Many times consumers are taken advantage of my large corporations who would rather deny valid claims then take responsibility for injuries caused through their negligence. If you have been injured you should make sure to speak with a product defect lawyer to better understand your rights. Make sure your case is filed before the statutory time period expires.
Defective Pharmaceutical Drugs and Unsafe Prescription Drug Claims:
According to the Center for Disease Control pharmaceutical drug account for more deaths in the United States then auto accidents. Death and serious injuries due to defective drugs are the result of drug manufacturing company negligence; including failure to properly test the drugs, placing the drug in the stream o commerce before all known dangers have been rectified, and failure to properly warn of serious drug side effects.
Some of the most dangerous prescription drugs sold in the United States include; Xanax, Vicodin, Morphine, and Ambien.
Defective Medical Devices and Surgical Implants
Defective medical devices and surgical implants can result in serious medical complications and fatalities. The upswing the the use of these products by medical doctors have resulted in a growing number of patient injuries. According to the FDA Medical Device Recalls result in tens of thousands of injuries and thousands of deaths each year.
Defective Consumer Products:
Defective consumer goods result in tens of thousands of injuries every year. Nearly Everything on a store shelf can be defectively designed or manufactured. The Federal Government Consumer Protection Agency has the task of investigating and issuing warning and recalls on defective products that pose a danger to consumers. Defective consumer goods can range from
- Home Appliances – Including Refrigeration, Stoves, and Toasters
- Electronic Devices – Including Computers, Televisions and Chargers
- Exercise and Gym Equipment – Including Stationary Bikes, Treadmills and Dumbbells
- Lighting fixtures, Air conditioners, and Heaters
- Defective Automobile Parts – Including Tires, Breaks, Electric Windows, Airbags, and Engines
California Product Liability Laws – Defective Product Injury Statutes
California follows the strict liability theory for recovery on product defect type’s cases. Strict liability holds any commercial seller of the product liable for injuries so long as the injuries were caused by a defective product or condition. California restatement 402A holds manufacturers liable when they sell an unreasonably dangerous product to the consumer. 402A holds the seller liable when they are engaged in the business of selling such a product and the product is expected to reach the consumer without considerable change. The following section also requires that the party be engaged in the sale of such products.
California product liability laws are pro-consumer. If you have been injured from what you feel is a defective product, speak with product defect attorney at Downtown L.A. Law Firm today for a free case consultation.
What makes a product defective? Manufacturing Defect and Design Defect Liability
There are a few different instances when a product is considered defective. It can be a manufacturers defect, design defect or failure to warn defect.
Manufacturing: Manufacturer defects occur when there is a flaw in the manufacturing method, which caused the product to be different from what the manufacturer originally intended. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue. When considering whether a product has a manufacturing defect, the important question is always whether it was designed in conformity with the manufacturer’s original plans. If there is some type of deviation then a manufacturer defect is considered to exist.
Design: A design defect takes into consideration the overall design of the product. Was the product properly designed? Did the manufacturer have more suitable designs which were less likely to cause harm? Did the manufacturer anticipate the use of the product? When you bring a cause of action for design defect, the ultimate premise is whether the design makes the product defective. If the product is found to be defectively designed then you may be entitled to recovery for injuries sustained.
Failure to Warn: Failure to warn occurs when the defendant or manufacturer of the product does not warn of known dangers. If the manufacturer does not adequately warn of a known risk then it can be liable for failure to warn. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge. Would a reasonable person know whether the product was defective or noticed the inherent issue? This is the objective standard test and specific knowledge is not considered. Manufacturers must warn through proper instruction of the various known risks or risks they could have discovered through reasonable discovery.
Your attorney should be experienced in dealing with product liability cases. Los Angeles product defect attorneys can help you better understand your cases and asses liability to the appropriate parties.
California Product Liability Attorneys – Who to contact?
Downtown L.A. Law product defect attorneys deals with a number of different defective product cases. We handle cases dealing with defective firearms, vehicles, construction equipment, water heaters and more. A complete list can be found by searching through our web search bar on the upper right hand corner of this page.
Question to Ask Your Attorney – What should I Ask my Attorney Regarding a Product Defective Injury Case
Dealing with a product defect case can be difficult. Manufacturers have deep pockets and can put up a lengthy battle. It is important that the attorney you select has the resources, time and knowledge to deal with product liability cases. Additionally, your attorney should understand the extent of your injuries. Each case presents its own set of issues so selecting the proper attorney is important. Here are list of questions to ask your attorney.
- Have you dealt with a product liability case in the past?
- What percentage of your practice deals with product liability cases?
- Who is responsible for forwarding the cost of expert witnesses and other fees?
- What is your knowledge regarding product liability cases?
These questions should give you a better sense of your attorneys skill level. A qualified attorney should have dealt with product liability cases in the past and be aware of new laws. They should dedicate over 25% of their practice to dealing with product liability cases.
Selecting the Right Legal Representation: If you are currently represented or seeking counsel for your injuries the product liability attorneys at Downtown L.A. Defective Product Law Firm can help. Our offices are open twenty-four hours a day seven days a week and your consultations are always without cost.