Defective Product Attorney in Los Angeles

What Are Defective Products?

Defective Product Attorney Los Angeles | The Law Offices of David H. Greenberg Accident Attorney

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. If you have been injured from defective products, it’s imperative that you contact a defective product attorney in Los Angeles to ensure the manufacturer pays for the damages. 

A defective product is a consumable good that fits one or more of these criteria: it is inherently dangerous because of defective manufacturing, assembly or design; it is dangerous or hazardous for normal use; it is not fit for its intended use. 

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. Defective product attorneys work under product liability law to represent the victims to ensure that they are compensated appropriately for any damages.

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. 

  • air bags, seat belts, brakes or motor vehicle failures
  • children’s toys
  • health and beauty aids
  • air bags, seat belts, brakes or motor vehicle failures
  • children’s toys
  • health and beauty aids
  • air bags, seat belts, brakes or motor vehicle failures
  • children’s toys
  • health and beauty aids

Defective product injuries are tragic because they are usually a complete surprise and difficult or impossible to prevent. 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. During this time, many unfortunate people will have already suffered as a result of a defective product’s flaws.

Types of Defective Consumer Products

1. Design & Manufacturing Defect

Design defects refer to problems inherent in the product itself. The designers, manufacturers and distributors of a defective product are held liable for illness, injuries or fatalities that result when the product defect is caused by its design. 

A manufacturing defect are flaws within the assembling of the products and may be connected to low quality materials, or improper construction on the manufacturing end. Manufacturers are held liable for product defects in cases such as these.

2. Failure to Warn of Potential Dangers

Failure-to-warn is considered to be a marketing defect that results in injury or harm when consumers were not made aware of potential hazards through labeling or inserts.

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.

3. Failure to Live Up to Warranty (Express or Implied)

A product may be also considered defective if it fails to live up to its warrantyThere are two types of warranties:

  • 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.
  • 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.

How Can a Defective Product Attorney in Los Angeles Help?

Anyone injured or otherwise harmed by a defective product must take legal action quickly. A defective product attorney in Los Angeles will ensure a full recovery of the damages, both financially and physical, caused by the negligence or harmful actions of the defective product. 

Product liability claims, as defective product claims are known, are complicated lawsuits. At the Law Offices of David H. Greenberg, our skilled defective product attorneys learn of all pertinent information about your defective product injury to have the best case possible. 

Before we begin, your defective product attorney in Los Angeles will need the following information:

  • the defective products
  • photographic documentation of the injury and the product
  • receipts and dates of purchase of the defective product
  • any instruction manuals or safety booklets that came with the product
  • all medical records supporting the claims of injuries
  • all documentation supporting the claims of lost wages
  • and any records that document property damage caused by the defective product

We Consider Strict Liability and Comparative Fault.

All of the defects listed above point liability directly to one part of the chain of manufacturing and distribution. However, some states comply with what is known as “strict liability”, similar to no-fault insurance claims in car insurance. In states with strict liability laws, it does not matter whose fault the dangerous product was, but rather if there was a documented causal relationship between the defective product and the injury sustained.

In states that do not fall under strict liability, comparative fault may be applied to determine damages. In comparative fault the victim or injured party is scrutinized to determine whether or not they exercised reasonable caution and care in the use of the injurious product. If comparative fault is determined, it will limit the amount of monetary compensation the victim of an injury from a defective product may receive.

If an insurance adjuster contacts you after any defective product injury simply inform them that have contacted your lawyer and they will serve as your liaison. Do not get into further conversation and end the call quickly, as anything you say may well be used against you in ways you cannot expect.

Victims of defective product injuries may file their case against the designer, manufacturer, wholesaler, distributor or repair person of the product if their negligence can be legally proven to be the cause of the defect that resulted in injury and receive compensation for medical and financial losses and emotional and physical suffering caused by the product. To ensure the maximum compensation, it is always best to employ the Law Office of David H. Greenberg to act as your defective product attorney in Los Angeles.

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 businesses.
  • Less than 33% of all product liability defendants are individuals.
  • Nearly 90% of defective product plaintiff’s injury cases were individuals.