Accidents related to defective products include:

  • Serious car wrecks which caused injury due to a defective design or manufacturing defect
  • Complications caused by defective medical devices, tools or toys
  • Malfunctions of consumer electronics and appliances
  • Defective medications or medical devices
  • and any other product used by a consumer

If you have been injured because of a product defect or malfunction, you may not only file a claim against the manufacturer to recover compensation for your damages but against every party responsible for the production and chain of distribution of the defective product, including the store where you purchased it.

JCS Law Firm helps injured Californians hold manufacturers and related entities responsible for their dangerous products. To schedule a free case evaluation, contact our product liability lawyer in Los Angeles today.

How to Tell If a Defective Product Caused Your Injuries

In many product liability cases, it is obvious that the product is defective and responsible for causing injuries. For example, a hairdryer that sparks and burns the user is a clear case of a defective product.

In other cases, it is less clear whether a product was defective and responsible for an accident, illness, or death. For example, after most car wrecks, the drivers and insurance companies blame one of the drivers. But in some cases, inadequate brakes, engine malfunctions, inadequate safety devices like airbags or seat belts and other mechanical defects may have caused or contributed to the accident or injury.

A product liability claim must establish that the product was defective and caused injuries, no matter how obvious it may seem. Our experienced product liability team may secure expert witness testimony, such as automobile experts, medical device experts, or engineers to prove that the product was defective and caused the accident and/or contributed to your injuries.

Types of Product Defects That Can Injure Consumers

Product manufacturers are liable for any defect that leads to injuries and damages. Common types of defects that may cause injuries include:

  • Design defects: If product designers, such as engineers or user-experience experts fail to identify and remedy a defect in the design, the result may be a defective product that puts consumers at risk. For example, the National Highway Traffic Safety Administration identified that exploding airbags produced by Takata posed a danger to drivers from the ammonium nitrate-based propellants used without a chemical drying agent. This failure in design can lead the airbags to explode and send shrapnel throughout the vehicle causing serious injury to the driver and passengers.
  • Manufacturing defects: A defect in the manufacturing process may include inadequate raw materials or mistakes during assembly. A systemic problem in the manufacturing process might affect an entire product line, while a temporary problem might affect a limited group of items produced between certain dates or at certain locations.
  • Failure to warn: Consumer protection laws require companies to put usage instructions and warning labels on products that could be dangerous and cannot be made safer through a different design. Sometimes the manufacturer fails to adequately warn the consumer of the inherent dangers of their products, and we must establish that had there been an adequate warning, the personal injury victim would have heeded that warning and not have been injured. This establishes causation; that is, had there been an adequate warning, the consumer would not have used the product in such a manner that caused the injury. For example, certain power tools are inherently dangerous. Often, manufacturers and other responsible parties will claim that the injured person misused the product, or modified the product to make it unsafe, and/or used it in some dangerous manner and the failure to warn did not cause any injury.

Proving a Manufacturer’s Liability for a Defective Product

Victims of defective products may pursue three legal courses of action to hold manufacturers responsible for a product-related accident: negligence, strict liability, and breach of warranty.