What are the elements of a product liability claim in Los Angeles? When you purchase a product, you expect it to work as intended, without causing harm or injury. However, this isn’t always the case. Defective products can cause devastating injuries, leaving people with physical, emotional, and financial issues. That’s why you may need a Los Angeles product liability attorney. Below are the elements of a product liability claim in Los Angeles and how an experienced lawyer can help you.
Table of Contents
- First, What Is Product Liability?
- Why Are Product Liability Claims Important?
- Types of Product Liability Claims in LA
- Legal Elements of Product Liability
- How Can a Product Liability Lawyer Help You?
- Common Defenses in Product Liability Cases
- Steps to Take After Suffering a Product-Related Injury
- Schedule Your Free Consultation
Product Liability Attorney in Los Angeles
First, What Is Product Liability?
A product liability claim refers to legal action taken against the manufacturer, distributor, or retailer of a defective product that caused harm. These claims hold negligent parties accountable, and more importantly, help prevent future injuries by ensuring companies prioritize product safety.
Product liability laws serve to protect consumers from dangerous products, whether they are everyday household goods, vehicle components, pharmaceuticals, or industrial machinery.
While no amount of compensation can undo the suffering caused by an injury, these laws give victims a pathway to seek justice and recover damages. California, including Los Angeles, is one of the most consumer-friendly states when it comes to product liability law.
The state adheres to strict liability, meaning you don’t have to prove a manufacturer or seller acted negligently—only that the product was defective and caused harm. This distinction can streamline the process, but there are still key elements that must be proved to succeed in a claim.
Why Are Product Liability Claims Important?
Product liability claims do more than compensate victims. They hold corporations accountable for the safety of their products, encouraging innovation and quality control. Additionally, they prevent unsafe items from remaining on the market, potentially saving lives.
With that foundation in mind, here are some different product liability claims and how California law protects injured consumers.
Types of Product Liability Claims in LA
There are three main types of product liability claims that Los Angeles residents can pursue:
1. Manufacturing Defects
A manufacturing defect occurs when a product is improperly assembled, resulting in a version that deviates from its intended design. With a safe design, an error in the production process can make specific batches or units hazardous.
For example, imagine purchasing a ladder with loose bolts due to improper assembly at the factory. If the bolts fail, leading to an accidental fall, this would constitute a manufacturing defect claim.
KEY CHARACTERISTICS OF MANUFACTURING DEFECTS
- They involve issues that occur during fabrication or assembly.
- The defect is unintentional and impacts a limited number of products.
2. Design Defects
A design defect arises due to a product’s inherently unsafe design, meaning every item produced poses a danger even if manufactured correctly. These cases often require proving that a safer, alternative design was feasible.
For instance, suppose a vehicle features a poorly placed gas tank that increases the likelihood of explosions during a rear-end collision. If the manufacturer could have used a safer design, the victim may have a valid design defect claim.
KEY CHARACTERISTICS OF DESIGN DEFECTS
- The problem exists from the concept stage.
- All products with that design are affected.
3. Failure to Warn (Marketing Defects)
A failure to warn claim, also known as a marketing defect, addresses inadequate instructions or warnings about the product’s risks. This applies to products that could cause harm if misused—even if the design and manufacturing are flawless.
A classic example is a prescription drug that causes side effects, but the packaging fails to adequately warn users about them.
KEY CHARACTERISTICS OF DESIGN DEFECTS
- The product lacks sufficient warnings, labels, or instructions.
- The risks are not obvious to the average consumer.
Each type of defect requires a distinct approach, but all fall under the umbrella of product liability law.
Los Angeles Product Liability Law Firm
Legal Elements of Product Liability
You must establish certain legal elements to bring a successful product liability claim in Los Angeles. Here’s a breakdown of these components:
1. Duty of Care
The first step is establishing that the manufacturer, distributor, or seller owed you a duty of care. Simply put, these parties bear responsibility for the safety of their products before they reach consumers.
For example, a car manufacturer has a duty to design vehicles that operate safely under regular use. Similarly, a pharmaceutical company must confirm its medications are correctly labeled with potential side effects.
2. Breach of Duty
Next, you must prove that the duty of care was breached. A breach occurs when a product defect—whether due to manufacturing, design, or failure to warn—makes the product unsafe.
Evidence is significant here. This may involve showing how:
- The product failed during everyday use.
- The defect was preventable with better quality control or design standards.
- Proper warnings could have informed you of potential risks.
3. Causation
Causation is one of the most critical elements in a product liability claim. You must show a direct link between the defective product and your injuries.
For example, if you suffered burns because a defective electric blanket overheated, your injuries must stem from the product failure, not some unrelated incident. Expert testimony and evidence, such as photos or medical records, often play a key role in proving causation.
4. Damages
Finally, it’s essential to demonstrate that the defect caused you measurable harm, also known as damages. Damages include physical injuries, emotional distress, medical bills, lost income, and property damage.
For instance:
- A design flaw in a child’s car seat leads to injuries in an accident, requiring hospitalization.
- A kitchen appliance with faulty wiring causes a fire, damaging your home.
Courts are unlikely to award compensation without verifiable damages, even if the product was defective. Each of these elements – duty, breach, causation, and damages – work together to build a strong product liability case.
How Can a Product Liability Lawyer Help You?
Pursuing a product liability case in Los Angeles can be challenging. A lot goes into the legal system, and corporations often have teams of attorneys to minimize their liability. An experienced product liability lawyer can level the playing field.
1. Investigating Your Case
Your lawyer will conduct a thorough investigation to identify the defect, gather evidence, and establish liability. This may include expert consultations, product testing, or reviewing company records.
2. Handling Legal Requirements
An attorney ensures your claim meets California’s legal standards, including filing within the statute of limitations—typically two years from the date of injury.
3. Maximizing Your Compensation
Lawyers fight to recover the full range of damages you deserve, including medical expenses, lost wages, pain, and suffering.
4. Taking on Corporations
Big manufacturers often have extensive resources to fight claims. An experienced product liability attorney knows how to take on corporations, build a solid case, and negotiate a fair settlement—or represent you in court.
Common Defenses in Product Liability Cases
While product liability laws in California are designed to protect consumers, defendants – like manufacturers, distributors, or sellers – often have strong legal teams working to minimize their responsibility. Here are three typical arguments your lawyer might encounter:
Product Misuse
One of the most common defenses is that the consumer used the product in a way that was neither intended nor foreseeable. For example, a manufacturer might argue that a blender wasn’t defective if the user cut themselves while attempting to blend non-edible materials.
To counter this defense, your attorney must show that your use of the product was reasonable and predictable under normal circumstances.
Product Alteration After Sale
Defendants may claim that the product was altered or modified after it left their control, which caused the defect or hazard.
For instance, if a car part was installed incorrectly by a third-party mechanic, the manufacturer might argue that it is not liable for any resulting harm. Proving that the defect existed at the time of sale can overcome this defense.
Assumption of Risk
If someone ignored clear safety warnings on an industrial tool and it injured them, the manufacturer might argue they warned the user of the risks. To challenge this argument, your product liability lawyer could demonstrate that the product was inherently dangerous due to a design or manufacturing defect, regardless of the warnings offered.
Each defense highlights the importance of having a strong legal strategy and evidence to support your case. With an experienced attorney, you can counter these claims and build a compelling argument for your injuries.
Steps to Take After Suffering a Product-Related Injury
Here’s a practical guide on the steps you should take after a product-related injury:
1. Go to the Doctor
Your health and safety should be your top priority. Get medical treatment as soon as possible, even if your injuries initially seem minor. You need medical records documenting your injuries in your case.
2. Preserve the Product and Any Evidence
Keep the defective product in its current condition and its original packaging, manuals, or receipts. Avoid attempting to fix or alter the product, as this might complicate your case. Take photos or videos showing the defect and how it caused your injury, if possible.
3. Document Your Injuries and Other Damages
Thorough documentation plays a big part in building your case. Take detailed photos of your injuries and keep a journal of your symptoms, pain levels, and recovery progress.
Additionally, gather invoices or receipts for medical expenses, lost wages, and any other financial losses related to the injury.
4. Identify Victims or Other Witnesses
If your injury occurred in public or others were present, try to gather their contact information. Witnesses can provide important testimony to support your claim. Your lawyer can research whether other consumers reported similar issues, as this could strengthen your case.
5. Avoid Speaking With Insurance or Company Representatives
After filing an injury report or complaint, refrain from speaking to the product manufacturer, seller, or their insurance representatives without legal counsel. These parties may try to get you to admit partial blame or accept a low settlement.
6. Contact a Skilled Product Liability Lawyer
Reach out to a reputable product liability attorney as soon as possible. A lawyer can evaluate your case, guide you through the legal process, and ensure you meet filing deadlines.
By following these steps and working with a skilled attorney, you’ll put yourself in the best possible position to pursue the compensation you deserve for your injuries.
Los Angeles Product Liability Lawyer
Schedule Your Free Consultation
At Wilshire Law Firm, we’ve built a reputation as dedicated advocates for injury victims. Our legal team has years of experience handling product liability cases; provides personalized attention to every client; and operates on a no-win, no-fee basis, meaning you don’t pay legal fees unless we secure compensation for you.
When a defective product injures you, you don’t have to face the legal battle alone. Wilshire Law Firm is here to guide you every step of the way and fight for your rights. Call (213) 335-2402 today or contact us online for your free consultation.
