Los Angeles Defective Product Lawyer

Defective Product Overview
Products are considered to be defective if they are unreasonably dangerous and do not carry sufficient safety precautions, warnings or directions for their use by the general public. Defective product injuries occur at an alarming rate, even though manufacturers are legally obligated to avoid putting them on the market or to recall them immediately upon becoming aware of their defectiveness.

Some defective products such as defective air bags, seat belts, brakes or motor vehicle failures can result in severe or fatal injuries. Innocent and everyday products like children's toys, flammable clothing, lawn mowers, paper shredders or convertible cribs if defective can all cause severe injury or death. Other deadly-when-defective items are household cleaners, car tires, health and beauty aids, appliances, prescription drugs and over-the-counter medications.

Types of Defective Product Accidents
A defective tire may blow out unexpectedly and cause a serious car accident. Children's toys which have been manufactured poorly can have small parts that break off too easily and cause a small child to choke. Poorly marked chemicals such as paint thinners can cause explosions, fires and acute or chronic health issues from toxic levels of exposure. Faulty ladders can cause bad falls; defective medications can lead to any number of permanent health problems or death; and inadequate safety restraints on a rollercoaster car can lead to multiple fatalities.

Defective projects can cause any kind of injury imaginable; cuts, bruises and scrapes, broken limbs, torn ligaments, head injuries, spinal injuries, paralysis, traumatic amputation and even death. They can lead to electrocution, burns and hearing or vision loss. Defective chemical and medical products may cause chemical burns, organ damage, long-term illness, and nerve damage, loss of fertility and many other conditions.

How Defective Products Occur

A product may be defective due to inherent design flaws, substandard manufacturing or a lack of appropriate warning of its dangers, all of which are considered negligence.

Defective product injuries are tragic because they are usually a complete surprise and difficult or impossible to prevent. As a society, we assume that all product manufacturers comply with the local laws, standards and regulations of safety, and that beyond common sense measures we need not exercise extreme caution or undergo extensive research when purchasing or using everyday products.

In some cases it takes years for a defective product's danger and negative human impact to become evident to the public and the manufacturer, in which case many unfortunate people will have already suffered as a result of a defective product's flaws.

Defective Consumer Products- Injuries & Illnesses
Designers, manufacturers, distributors and retailers of consumer products are responsible for any injuries or illnesses caused by the defects a product possesses.

When a product has a design defect it means that there is a problem or a danger caused exclusively by a design flaw such as a circular saw designed without a retractable safety guard over the blade.

A manufacturing defect occurs when a product is dangerous due to poor assembly or materials, such as a lawnmower that has a flimsy and improperly installed blade cover.

Defective Consumer Products- Failure to Warn of Potential Dangers
Products can also be considered defective if there is a failure to warn of potential dangers that come along with the product. Called a marketing defect, lack of warnings, instructions or other appropriate labels can cause injury to any persons unfamiliar with its hazards. It is considered the responsibility of the distributor to ensure that all warnings are adequate.

Defective Consumer Products- Failure to Live up to Warranty (Express or Implied)
Additionally, a product may be considered defective if it fails to live up to its warranty. There are two types of warranties: implied and express. An implied warranty is neither a legal document nor a verbal agreement but is the reasonable expectation that the product for purchase is fully functional and safe. A new cell phone, for example, is expected to safely transmit calls and texts upon purchase through its implied warranty. If it explodes or does not turn on, it is defected as per the expectations of its implied warranty.

An express warranty is a statement, advertisement or example of the product illustrating its abilities, limits and uses. An express warranty, for example, may be a description given by the dealer or manufacturer of a lawnmowers ability to cut through tall brass. If the lawnmower does not perform as described, then it may be considered defective as it fails to perform under the parameters of its express warranty.


Defective Product Statistics

• Defective product cases account for nearly 80% of all cases decided by a jury.
• More than half of the defendants in defective product cases were corporations or businesses.
• Less than 33% of all product liability defendants are individuals.
• Nearly 90% of defective product plaintiff's injury cases were individuals.

Defective Product Injury & Accident Articles

• Defective Product Injuries
• Defective Products: Factors in Determining if You have a Case
• Defective Products: Common Questions
• Defective Products Cause Car Accidents
• Defective Products and the Rights of the Consumer
• Defective Product Claims: Examples of Serious Injuries and Cases
• DIY Defective Product Claims And Your Legal Rights
• Defective Gardening Products and What To Do If Injured