At the Lluis Law office, our Los Angeles product liability lawyers stay busy all year. Thousands of people are affected by dangerous or defective products every year in the USA.
If this is your case, do not hesitate to contact us from any city. Our lawyers David and Ramiro have over 50 years of combined experience solving these cases in California and other states.
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The best Los Angeles product liability lawyers for your case
Despite consumer protection laws and advanced manufacturing techniques, thousands of products continue to arrive with these risks.
In short, some manufacturers are not as careful as they should be. These failures are noticeable in household appliances, medical devices, beauty products, or automobiles. Sadly, no sector is exempt from defective products.
Our California civil liability attorneys can help you recover damages in your specific case.
California Product Liability Law
California has many product liability laws that protect consumers. Our lawyers are experts in all of these. The following are basic elements to consider in these type of cases:
- As a general rule, you have 2 years to file a claim against a company after having suffered the injury.
- There must be a base of responsibility, that is, falling within one of the 3 categories shown in the types of product liability claims.
- To obtain compensation, you must demonstrate that the company was partially or fully responsible for your damages.
The concept of comparative negligence
In California, a comparative negligence system is followed in defective product claims. This means that if you are considered partially guilty of your injuries, the compensation you receive will be reduced according to your percentage of fault.
Imagine you buy an electric oven and when you turn it on you get an electric shock causing burns. They can award you $ 10,000 in financial damages and $ 100,000 in causes of pain and suffering. However, the jury considers you 50% responsible for the incident. Your reward will be cut in half, earning $ 5,000 for your financial losses and $ 50,000 for pain and suffering.
This well sums up the importance of contacting expert product liability attorneys in Los Angeles or your city.
Who is responsible for defective products?
The responsibility in these cases may lie with different parts of the distribution chain. Defendants may include:
- Wholesale or retail.
In most cases (but not all) when a product has a defect, it originates from the design, manufacture or commercial distribution.
What damages can I claim?
If you are injured or become ill due to the use of a defective product, you can file a lawsuit. These product liability claims are the way for you as a consumer to obtain compensation for your injuries and other damages. These are some of the damages you can claim:
- Cost of medical treatment: This cost can be high. From the ambulance to hospital bills or medical treatment for a dangerous or defective product. All of these factors add up to significant amounts.
- Pain and suffering: At Lluis Law we are well aware of the pain it can cause in you or your relatives. It is also possible to claim for any damage or prolonged suffering that you have suffered.
- Lost wages.
- Ability to generate more income.
Types of product liability claims
There are 3 types of claims:
In this case, the product design failure occurred before being manufactured. An example would be a refrigerator where the engineer designed the faulty closing mechanism. If the closing mechanism causes injury to the consumer, the company can be held responsible for the defect in the fridge.
This occurs when a product is assembled before sale. If the company manufactures thousands of electric dryers and some burn the user’s skin, we are talking about a manufacturing failure. In this case not all products will be defective but only a few. That is, those that directly affect the consumer.
If the manufacturing techniques caused the defects in the products and therefore the injuries to the consumers the manufacturer could be responsible. The latter will be charged for injuries and other losses caused.
Misleading advertising or inappropriate instructions
Advertising a product for a purpose for which it is unsuitable or not including adequate warnings or instructions for use may be grounds for complaint. The company can also be held responsible in this case.
Failure to warn the consumer of potential risks or failure to include precise instructions can lead to a catastrophic injury and even death due to negligence.
Accident liability grounds
There are different reasons why a company or person may be responsible for injuries from a defective product. The defense of our team will adapt to your case, which may contain some of the following elements:
- Strict liability.
- Breach of warranty.
- Violation of one or more state and federal consumer protection laws.
What must the plaintiff demonstrate?
Our attorneys will help you demonstrate the basics of a successful case, including:
- The defendant manufactured, distributed, and marketed the product.
- There are risks known or that could be known based on the knowledge of the scientific community in the manufacture, distribution or sale process.
- The risks posed a significant risk using the product in a predictable manner.
- The average consumer would not recognize those risks.
- The defendant did not warn of possible risks.
- Finally, the result harmed the plaintiff.
For medical products the warnings must be prescribed by a doctor continuously while using the product. Review our section on medical malpractice attorneys in Los Angeles for additional information.
How do I know if I have used or purchased a defective product?
The reality is that not all products that fail or break from use are defective and it can be difficult to tell the difference.
As a general rule if you were using the product as expected and suffered an injury or loss that was not caused by misuse on your part you may have a case to claim.
The Consumer Product Safety Commission is a good resource in this regard. On their website they alert through press releases, educational material and lists of withdrawn products about these aspects. They do not have all but it is a good place to do the first investigation.
What to do if you are injured
- Seek medical assistance: This will be the first thing to consider as in any other type of accident. Visit a doctor for treatment for your injuries. In addition to the logical and priority health reason, it will be important for your claim.
- Save the product and don’t use it anymore: Put the product with its labels and packaging in a safe place. It is very important that being aware of its defects you do not use it anymore. If you continue to use it you could lose your right to file a claim.
- Document the defective product: Use a camera with your own smartphone to take photos or videos of the product and your injuries. Write down what you remember about the accident. If someone witnessed the accident, try to record his/her testimony and save his/her contact information.
- Contact our Los Angeles product liability experts: You can do it from any other city. These cases are complex. There are many parties involved and the necessary investigations require time. Companies or manufacturers will fight to avoid paying your compensation. Having our experienced attorneys on your side is your best option.
You can send us an email from the contact page or call us directly. The consultation is completely free and does not commit you to anything.
Civil cases have deadlines
It is important that you contact our Los Angeles product liability lawyers quickly. All civil cases have deadlines or statutes of limitations.
If you don’t follow them, you are losing your right to receive compensation for the injuries and damages you suffered.
Our product liability lawyers in Los Angeles review your case for free
At Lluis Law we believe that those who buy a new product announced to improve their quality of life should never suffer injuries that can even lead to a death.
If you have suffered a similar case, you have us at your disposal. Our consultation is 100% free and does not commit you to anything. With 50 years of combined experience and thousands of successful cases Lluis Law is one of the oldest and most recognized law firms.
Contact our Los Angeles injury lawyers and we’ll get to work on your case right away.