Los Angeles Product Liability Attorney

Faulty products cause thousands of injuries per year in the United States. A dangerous or defective product causes damage because of poor design, a manufacturing defect, or no risk warning. Examples of product defects that the manufacturer or seller can be liable for are missing safety features, faulty wiring, and choking hazards.

If you suffered an injury or another form of damage due to a product defect, you can hold the manufacturer or seller legally accountable and claim compensatory damages under California product liability law.

Adamson Ahdoot’s Los Angeles product liability lawyers can provide you with all the assistance and representation you need to pursue a defective product claim successfully. Read more below about product liability and how we can help you seek compensation for injuries and other damages.

What is Product Liability?

Product liability refers to a product seller’s state of responsibility for making a defective product available to a consumer. According to California state law, as a plaintiff who seeks compensation for damages, the burden of proof is on you to prove product liability.

For your claim to prevail, the following four elements must be present:

First, you must prove that the product was defective. California law establishes three types of product defect claims, which we’ll discuss further below.

Secondly, you must prove that the product already had the defect while the defendant had it. A product liability lawsuit cannot hold the defendant liable if the faulty product was already shipped or sold.

Thirdly, you must have been using the product in a reasonably foreseeable manner. For example, if you fit a blade meant for wood to your circular saw and use it to cut a steel rod, you may lose control over the saw and sustain an injury. The design and construction of this type of blade are not suitable for cutting steel rods, so you did not use it in a reasonably foreseeable manner.

However, if you use the same ripping blade to make a rough cut along the grain of a wooden workpiece, you use it to the manufacturer’s specifications. In this case, a kickback that causes personal injury may stem from a defective product.

Finally, you must demonstrate that you suffered an injury or other damages due to the defect. Otherwise, the defendant will be cleared of all responsibility for the alleged injury or damage. For example, you can return a defective product to the seller after identifying its specific flaw but not file a personal injury claim, as no injury occurred.

Which Products Are Involved In Product Liability Cases?

Product liability cases revolve around most consumer goods, including household items and medical devices. Children’s toys, lawn care equipment, motor vehicles, asbestos-based products, and anti-weed sprays are often subject to these legal claims.

Suffering injuries from faulty products can lead to a case covered by tort law. If you pursue product liability litigation, you must prove that the item caused your injuries.

The Types of Claims Handled By a Product Liability Attorney

Under California law, three types of product liability claims can be brought against a product manufacturer or seller.

Design Defects

Products have a defective design if they’re unreasonably dangerous to use than what the ordinary consumer expects them to be. If the risk of using the product outweighs the benefit, it can also constitute a design defect.

Examples of products with faulty designs include top-heavy cars and heaters that are likely to catch fire.

Manufacturing Defects

A product with a manufacturing defect differs from the products that the manufacturer intended to produce. The error may also cause the product to differ from seemingly identical products on the same line.

Examples of manufacturing defects include using the wrong fasteners for product assembly, installing faulty product components, or installing electric circuits incorrectly.

Warning Defects

According to California’s product liability laws, manufacturers and sellers are legally obligated to give consumers adequate warnings and instructions for proper use. For example, a product containing small components should include a choking hazard warning in its packaging.

A Note on False Marketing & Product Liability Claims

You can also file a product liability claim for false marketing. In this case, the court can hold manufacturers responsible for deceptive practices like incorrect labeling, little to no instructions printed on a product’s packaging, or insufficient warnings about potential defects or side effects.

Such actions are taken when marketing dangerous drugs and defective medical devices, as manufacturers of these products think that doing the opposite decreases sales.

Compensatory Damages

Certain parties are entitled to compensatory damages in a variety of lawsuits. When it comes to product liability claims, these damages are the sum of money that the plaintiff claims as compensation for personal injury or losses incurred from a defective product.

While compensatory damages are restorative, these funds may not be able to reverse the plaintiff’s situation, especially in the case of wrongful death or permanent injury.

You can claim two categories of damage: economic and non-economic losses. Economic losses pertain to costs incurred after your injury, missed opportunities to grow assets, and property damage. These damages include:

• Medical expenses and future medical expenses to treat injuries, including bills from hospitals, doctors, pharmacies, and therapists
• Loss of profits or wages if injuries prevent you from working
• Cost of disability, including home care and equipment costs
• Property loss or damage

Calculating economic losses is generally straightforward. Keep all documentation such as medical bills, repair invoices, and other documentation to prove your financial losses, and hand them to experienced product defect attorneys when filing your lawsuit.

Defective products can also cause non-economic losses, including pain, suffering, and loss of consortium. When faulty products cause severe injuries, plaintiffs often claim compensation for these damages under the Los Angeles liability law. In wrongful death cases, plaintiffs may also suffer the emotional trauma of losing a loved one, which can be recovered through a legal claim.

Can You Get Punitive Damages Through a Product Liability Claim?

While punitive damages can be recovered through a product liability claim, they’re rarely awarded to plaintiffs. This type of compensation aims to punish the defendant and prevent a repeated offense.

A product liability claim filed to pursue punitive damages requires you to prove the defendant’s careless actions.

Quantifying a subjective, intangible loss can be challenging, and product liability lawyers often look at previous liability cases to estimate the value of such a claim. To ensure that your claim for an economic or non-economic loss is successful, seek the help of a reputable product liability lawyer Los Angeles residents know and trust.

Who’s Responsible for Defective Products in California?

If a defective product results in injuries, a party in the product supply chain is usually responsible. These parties include:

• The product’s manufacturer
• The manufacturer of a specific part of the defective product
• Those who assembled or installed the product
• Any party involved in the manufacturing process
• The store(s) that offered the faulty product

An investigation can reveal which party bears responsibility.

California Product Liability Laws

In Los Angeles, strict liability applies to this area of the law. Rather than demonstrate the defendant’s negligence, the plaintiff only needs to show that the products were defective and that the defect resulted in injury.

Strict liability applies to the responsible party if the product is constantly sold to individuals. Hence, it may not fall on a seller at a garage sale or offering seasonal items.

Product liability attorneys usually base defective product suits on strict liability to claim for injuries and other damages.

When Should You File a Product Liability Claim?

Under California law, you should file a product liability claim for personal injury or wrongful death within two years. This period starts from the date of injury or its discovery, although a continuous accrual rule may apply in some cases.

According to this theory, repeated offenses set individual statutes of limitations. Previous claims may no longer be resolved, but new cases can be settled within their prevailing statute of limitations.

Ultimately, you must take immediate legal action against the parties involved in product liability cases. Waiting to do so decreases your chances of recovering maximum compensation for your injuries and other losses. Make sure to hire a knowledgeable product liability attorney to strengthen your case and bring the responsible party to justice.

Product Safety Laws Enforced by the Consumer Product Safety Commission

Several federal laws have been enacted to keep consumer products safe. These regulations, enforced by the U.S. Consumer Product Safety Commission (CPSC), include:

• Consumer Product Safety Act (CPSA): The law that created CPSC and expounds on its purpose and duties
• Consumer Product Safety Improvement Act (CIPSA): A statute made to provide CPSC with significant new regulatory and enforcement tools
• Laws governing the safety of specific products, including:
  • The Children’s Gasoline Burn Prevention Act (CGBPA): Under the CGBPA, portable gasoline containers sold in the country on or after January 17, 2009, must meet safety requirements for child-resistant packaging.
  • The Federal Hazardous Substances Act (FHSA): The FHSA mainly states that cleaning products, pesticides, automotive products, and other hazardous household products must show warning labels.
  • The Child Safety Protection Act (CSPA): A law related to the FHSA with better safeguards for small children against choking hazards

What Should You Do After Sustaining a Product-Related Injury?

Your first step is to seek medical treatment if you are injured by a defective product. In some cases, untreated injuries may worsen over time.

After seeking emergency care, start gathering evidence to prove liability. Take photos of the product and your injury. You should also keep all medical records and bills to use as evidence. If anyone saw the incident, collect their contact information and testimony.

Furthermore, you should contact a product liability lawyer immediately after the incident. Adamson Ahdoot is a firm of reputable product liability attorneys with a proven track record of successful cases in Los Angeles, California. As your defective product lawyer, we fully understand personal injury laws and fight for your best interests.

Product Liability By The Numbers

• In 2020, 4,552 product liability lawsuits were filed in state courts across the U.S. 9th District.
  • Northern California recorded the state’s highest number of product liability cases brought against manufacturers and retailers at 3,099.
  • 192 strict liability claims were filed in eastern California, while 632 product liability claims were filed in central California.
  • Finally, Southern California had 151 product liability cases filed in 2020.
• CPSC also shares significant data on product-related accidents, injuries, and deaths.
  • Nursery products, like high chairs and cribs, were linked to an estimated 59,500 emergency department-treated injuries in 2022. Furthermore, these items were associated with 490 deaths from 2018 to 2020.
  • An estimated 14.6 million product-related injuries in older adults needed emergency care over five years (2016 to 2020). CPSC also received over 11,500 reported product-related deaths among the elderly from 2016 to 2018.
  • For micromobility devices, fire hazards were associated with 45 e-scooter accidents which occurred from 2017 to 2022. Brake issues accounted for 19 accidents reported over the five years.

Build Your Case With Experienced Product Liability Lawyers

Suppose you have suffered an injury or any other form of harm due to a product defect. In that case, you can hold the manufacturer or seller legally accountable and claim compensatory damages under California’s product liability law.