Don’t Let a Bad Product Ruin Your Life: Take Action Now
Products are an essential part of life, and people use a variety of them regularly. However mundane one might look at a product, this doesn’t completely absolve them of risks or dangers. Faulty products can result in injury, illness, or even wrongful death. If you have been ill or injured or if a loved one has died as a result of harmful products, you could recover compensation with the help of a Los Angeles CA defective product lawyer.
To bring a product liability case, you must first show that the product was defective. Three types of defects can give rise to a product liability claim: design defect, manufacturing defect, and warning defect. These defects can be the source of injury or even wrongful death, which is why the timely filing of a product liability claim is needed.
Quick Summary:
- Product liability applies when injuries, illnesses, or deaths occur due to dangerous or defective products, including consumer goods, medications, or medical devices. There are three main types of warranty claims: breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose.
- Strict liability applies to products with defects that cause injuries or death, regardless of the manufacturer’s care. There are three main types of defects: design defects, manufacturing defects, and failure to warn. Injuries from defective products can be severe and include burns, back injuries, brain damage, amputation, and more.
- If you suffer an injury from a dangerous product, seek medical attention immediately to document your injuries. Keep the defective product as evidence, and avoid altering it to prevent complications in your case. Collect all related documents and witness information to strengthen your claim. Consult a Los Angeles defective product lawyer to understand your legal options and pursue compensation.
- Compensation can be sought from various parties in the product’s supply chain, including manufacturers, component makers, assemblers, and retailers, regardless of whether you purchased the product. In California, you have a strict two-year deadline from discovering your injury to file a claim. Missing this deadline usually means forfeiting your chance for compensation.
- To win a product liability case, you must prove that the product was defectively designed, manufactured, or sold, that you used it properly, and that the defect caused your injury. You don’t need to show negligence, but these points are vital for a strong case. Victims of defective products may recover economic damages for medical costs and lost wages, non-economic damages for emotional suffering, and punitive damages if the company acted conspicuously.
What is Product Liability?
If you suffer a catastrophic injury, illness, or wrongful death as a result of a dangerous or defective consumer product, medication, or medical device, a concept of fault known as “product liability” will likely govern any lawsuit you file against the product manufacturers (and others).
In these kinds of injury claims, which are distinct from those resulting from car accidents and other mishaps, the injured party typically does not have to prove that the manufacturer was negligent. The seller or manufacturer is subject to “product liability” when a consumer receives a defective product.
Every seller in the distribution chain is responsible for any harm-causing defect in a product. The law generally mandates that a product meet customer expectations. If a product has an unexpected manufacturing defect or risk, it cannot be said to meet typical consumer expectations.
What are the Three Types of Warranty Claims in Los Angeles?
The 1963 Greenman case created strict liability for defective products, but it did not eliminate negligence or warranty claims. Product makers can still be held responsible for poor design or manufacturing. Consumers can also make warranty claims.
A warranty can be created by statements made about a product during a sale. Warranty claims need direct contact, or “privity,” between the injured consumer and the seller or manufacturer. Consumers can make three types of warranty claims:
Breach of Express Warranty
This type of claim can be made when a consumer is harmed by a product because the defendant made a clear statement about the product that turned out to be false. According to the Uniform Commercial Code section 2313(a), a seller does not need to use formal words like “warrant” or “guarantee” or even have the intention to make a warranty to create one. For example, if a salesperson says an air conditioning unit is “completely noiseless,” that statement would be considered an express warranty.
Breach of Implied Warranty of Merchantability
If a product’s quality is lower than what a consumer would reasonably expect, the consumer can claim a breach of implied warranty of merchantability. The California Uniform Commercial Code section 2314 says that for a product to be “merchantable,” it must be “fit for its normal use,” be of “fair average quality,” and be “properly contained, packaged, and labeled.”
Breach of Implied Warranty of Fitness for a Particular Purpose
California Uniform Commercial Code section 2315 creates an implied warranty that goods will be fit for a specific purpose when “the buyer relies on the seller’s knowledge or judgment to provide the right goods.”
What are the Types of Product Defects Subject to Strict Liability?
Products that are poorly designed or made can malfunction or break, causing injuries or even death. In California, “defective” products also include those that are poorly labeled or falsely advertised.
According to California’s product liability laws, if a defective product causes injuries or death, the person or business that designed, made, or sold that product is strictly liable. That means they can be held responsible even if they were not careless. In California, three types of product defects lead to strict liability:
Designed Defects
Defectively designed products can include any item a consumer buys or uses, like badly designed cars, unsafe child products, or poorly made safety equipment. These claims focus on products with design problems, such as faulty medical devices or poorly made lithium-ion batteries in e-cigarettes.
Manufacturing Defects
A manufacturing defect happens when there is a mistake during the making of a product, making it unsafe to use, like a faulty airbag or smoke detector. Unlike design defects, which involve problems with how the product was designed, manufacturing defects are due to errors made while the product is being built. Using poor-quality parts to cut costs is a common cause of these defects.
Failure to Warn
If a product is not labeled correctly or is missing necessary instructions on how to use it, the manufacturer may be held responsible. Not warning consumers about possible dangers or failing to provide correct usage instructions can lead to severe injuries or death.
That also includes not warning about possible misuse of the product. For example, warnings like “do not put in water” on electrical devices are there to prevent such issues.
What are the Most Common Injuries Resulting From Defective Products?
Injuries from using a defective product can be severe. There have been cases where injuries range from moderate to severe. If a product is defective, it can cause serious harm to the person using it. Common injuries from defective products include:
- Burn injuries
- Back injuries
- Spine injuries
- Brain injuries
- Amputation
- Fatal wounds
- Blindness
- Dental damage
- Broken bones
- Permanent scarring and disfigurement
These injuries are severe and may need long-term or even lifelong care and treatment. It is the manufacturer’s job to ensure their products are safe. They can be held responsible if they fail in this and injuries occur.
What Should I Do If I Suffered an Injury Caused by a Dangerous Product?
One moment, you’re using a product you think is safe. Then, suddenly, something goes wrong, and you get hurt. If this happens to you, it’s important to know what steps to take. Here are things you should do if a defective product injures you.
- Get Medical Help Right Away
Injuries that aren’t treated can lead to more problems. Even if the injury seems minor, it’s best to see a doctor to ensure nothing serious is wrong. The doctor will also create a record of your injuries and confirm that they were caused by a defective product.
- Keep the Product
The product is the most critical evidence for your case. Be sure to keep it. If you can’t prove the product is dangerous because it’s no longer available, it will be much harder to win your case.
- Do Not Alter the Product
Do not touch, fix, or change the product after the injury happened. If you alter the product, the manufacturer or designer might claim that the product was safe and that the injury occurred because of the changes you made.
- Gather Documents and Evidence
Keep the original product packaging, instructions, and warnings if you can. All documents and communication from the manufacturer or designer are essential for a strong defective product claim. Get contact information for any witnesses to the incident, as their statements can help with the investigation.
- Seek Legal Help
Consult a Los Angeles CA defective product lawyer. They can review your case and help you understand your legal rights and options. An attorney will guide you through the process and work to get you the compensation you deserve.
Who are the Liable Parties in a Product Liability Case?
For product liability to arise, the product must have been sold on the market at some point. In the past, a person who was harmed by a product and the supplier of the product had to have a contractual relationship, or “privity of contract,” to get paid.
However, most states no longer impose this rule, and the injured person need not have purchased the product to recover. Any person who could have been hurt by a defective product can get compensation for their losses as long as the product was sold to someone. A defect could be attributed to any party in the product’s supply chain:
- The product manufacturer
- An individual component manufacturer
- A third party who puts the product together or installs it
- The merchant and the retail store where the customer bought the product
What is California’s Statute of Limitations for Product Liability Claims?
In California, product liability cases have strict deadlines for filing. If you miss this deadline, you will likely lose your chance for compensation. You generally have two years from when you discover or should have discovered, your injuries to file a claim.
This discovery date could be right after the incident, like an explosion or car crash, or later, such as with a faulty hip replacement discovered months or years after surgery. You must file your claim within two years of discovering the injury.
What Do I Need to Prove in My Product Liability Claim?
If you or a loved one were hurt by a defective product, you might be able to get compensation for your losses and injuries. A Los Angeles product liability lawyer can help figure out if you deserve damages based on your specific case. You and your lawyer must prove several things to win a product liability case.
In a strict liability case for a defective product, you don’t need to show that the defendant was negligent. However, you still need to prove that:
- The defendant designed, made, distributed, or sold a defective product.
- The consumer used the product carefully.
- The defect in the product caused the consumer’s injury.
If you can prove all three key points, you likely have a solid case against the company or companies involved. That means you may be able to hold them responsible for the injuries you’ve suffered and get compensation for your pain and losses.
What Damages Can I Recover for My Injuries?
Defective products can hurt both users and people nearby. Victims of serious product-related injuries often face expensive medical treatments, long-term disabilities, and lost income. Their families also have to deal with the challenges of caring for them.
People with severe injuries may need ongoing treatment, surgeries, and rehabilitation and may have permanent disabilities and lower earning potential. In a product liability lawsuit, damages can include:
Economic Damages
Economic damages for an injured person are based on actual costs they’ve paid. These can include lost wages, future lost wages, medical bills, physical therapy, surgeries, therapy for mental health, medication, orthopedic and mobility devices, transportation costs, and replacing household services.
Non-Economic Damages
Non-economic or general damages are important but hard to measure. They reflect how injuries affect a person’s emotions and daily life. These damages cover things like pain, suffering, disabilities, changes in family relationships, and other personal impacts.
Punitive Damages
Punitive damages are meant to punish companies that acted badly. They are given in cases where the company’s actions were very wrong or involved fraud. These damages are not just for covering losses but also for making sure the company is held accountable.
Why Do I Need a Los Angeles Defective Product Lawyer?
If you’ve been hurt by a faulty or dangerous product, you may wonder whether you need a defective product lawyer. Getting a lawyer who knows the ins and outs of these types of cases is essential, especially if the injury caused major changes in your life.
Handling the case alone can be overwhelming, and you may not get the full compensation you deserve without legal help. Here’s why working with a Los Angeles CA defective product lawyer can make a big difference:
- Protection of Your Rights: Companies often have powerful legal teams ready to protect themselves. They may try to shift the blame to you or say the injury wasn’t their fault. A defective product lawyer will protect your rights and fight to hold the company accountable for its faulty product.
- Understanding of Complex Laws: Product liability law can be complicated. There are different types of claims, like design flaws, manufacturing defects, or failure to warn. A defective product lawyer can help you decipher which one applies to your case. Without legal guidance, you might struggle to navigate these tricky laws, which could hurt your chances of getting compensation.
- Experience With Big Companies: Many times, you are up against large companies with lots of money and resources. They often try to delay or deny your claim. A lawyer with experience handling defective product cases knows the tactics these companies use. This experience can be critical in fighting back and getting what you deserve.
- Maximizing Compensation: You may not know the full value of your case. A Los Angeles defective product attorney will look at all the losses you’ve suffered—like medical bills, lost wages, pain, and suffering—and ensure that nothing is overlooked. They can help you ask for the right amount of compensation.
- Reducing Stress: Dealing with an injury is stressful enough. A product liability attorney can take the burden of the legal process off your shoulders. They handle the paperwork, deadlines, and negotiations so you can focus on healing and getting your life back on track.
Our Commitment to Defending Injured Los Angeles Consumers
At Conlogue Law LLP, we believe in standing up for those injured by faulty products. We understand how a severe injury can turn your life upside down, and we are here to help you regain control. With years of experience handling complex product liability claims, we have the competence needed to take on even the toughest cases.
Our Los Angeles CA defective product lawyer is dedicated to fighting for justice and ensuring that companies are held responsible for the harm their products cause. We don’t just represent clients—we fight for individuals who contribute to our community and deserve to have their voices heard.
When you work with Conlogue Law LLP, you get a team that truly cares about your well-being. We take pride in our strong track record of success and our commitment to helping people who need it most. Whether you’re facing a large corporation or navigating the challenges of a difficult case, we are by your side every step of the way.
If you or a loved one has been hurt by a defective product in Los Angeles, let our firm stand up for your rights and get you the compensation you deserve. Contact Conlogue Law LLP today for a free consultation and take the first step toward justice. Our legal team can also represent you with Big Rig Accidents and Train Accidents.
