Product Liability Attorney in Los Angeles
Contact a Los Angeles Product Liability Lawyer: Defective Product Settlement
Manufacturers are responsible for verifying their products are safe to use before they go to market. In such an advanced and modern world, many of us depend on our cars to work seamlessly and effectively, phones to operate without getting injured, or medications to be free from side effects. When companies make mistakes or fail to notify consumers of the potential risks, it can result in severe injuries or death.
Clients often ask what happens when a poorly designed or defective product injures someone. Others inquire about undetected manufacturing flaws, malfunctions, poor marketing, or wrongful death. At The Law Offices of Oscar H. Gutierrez, our Los Angeles product liability lawyers have the answers to these questions.
Defective Product Liability Lawyers
At Gutierrez Law, we represent clients that have been badly injured or lost family members from defective products. You deserve fair and full compensation for what you've gone through.
We have battled large and powerful companies in the manufacturing industry in a bid to deliver first-class legal representation for our clients. Our team is well-versed and conversant with the state and federal laws that have been established to protect consumers against the potential harms posed by defective products.
Not all law firms are equipped to handle such cases. The intricate laws governing product liability claims are ever-changing. They can only be met head-on by legal professionals with a knack for excellence and achieving positive results in the face of any legal challenge. We have such vibrant personal injury attorneys in Los Angeles on our team who have a successful track record of litigating claims for our clients.
Product Liability Laws in California
California has strict laws on product liability. Any person, company, or entity that designs, manufactures and sells a defective product is liable for the injuries it caused. Even if the company were not negligent, it would share liability for:
- Lack of warning labels
- Poor or limited marketing
- Design flaws and defects
- Manufacturing defects
It safeguards you, the claimant if you choose to file a lawsuit against the negligent parties involved. Unlike other personal injury cases, compensation depends on your ability to prove that you used the product as intended and still suffered injury from the faulty item. Types of damages we can help you recover from include:
- Broken arm or leg
- Severe brain injury
- Heart, liver, or kidney failure
- Lung damage
- Choking or suffocation
Types of Liability Claims
There are three categories defective liability can fall under when you begin your claim.
Considered the most common type of product liability claim, defective manufacturing is when a mistake is made during the manufacturing process.
There was a fault in the basic design of the product itself. When this happens, the entire line of products is likely to be defective, putting thousands or even millions of other people at risk of being injured. This claim is the hardest to win because the plaintiff must prove that the patent holder or owner had prior knowledge before production.
Failing to Provide Warnings or Instructions
The product manufacturer failed to provide warnings or instructions to consumers regarding their items. It is a case of poor marketing on the company's end. The consumer is unaware of dangers, special requirements, precautions, or dangers associated with the product.
What Are the Elements of a Product Liability Claim?
The best thing you can do before you initiate a product liability claim is consult with a lawyer. They can be challenging to prove and even harder to litigate if you pursue damages from the wrong defective liability category. According to the Insurance Information Institute, the average settlement awarded in a personal injury case amounted to $100,000 in 2018. It's sure to rise as the demand for products increases in the U.S.
There are several vital elements a successful liability claim should have.
- Evidence the product was sold to you, including the store and date of purchase
- Proof the seller or manufacturer was obligated to or intended to make the sale
- That the product contained a design or manufacturing defect
- The defect was unreasonably dangerous and foreseeable
- Its defect poses a risk to other consumers
- It resulted in damages, pain and suffering
Related Articles About Product Liability
Damages Recoverable in Product Liability Cases
Damages are the monetary amounts a plaintiff may be awarded for their case. This money is meant to pay for damages caused by a defendant's outrageous, deliberate, reckless, or negligent acts. While you can request compensation for several reasons, it usually results in a specific dollar amount that a judge or jury determines is appropriate. This article explains the varying degrees of compensatory and punitive damages of product liability cases. Overall, plaintiffs can include the following in their claim:
- Medical expenses
- Cost of disability
- Loss of wages and profits
- Property loss or repair
- Pain and suffering
- Loss of consortium
Proving A Defective Product Liability Case
When a faulty product injures you, you may be unsure how to begin a claim. At Gutierrez Law, we specialize in product liability cases and have won millions for our clients. Several components are vital to proving your case.
Your claim will undergo an investigation to review and verify the evidence you presented. Product liability cases are often complicated, based on the type of claim you file. As a plaintiff, you must show that the product was defective when it caused your injury and that it was used as the manufacturer intended.
However, there are certain scenarios in which a manufacturer or seller will not be liable, based on California Civil Code 1714.45.
- If the product is unsafe and known to be unsafe by the customer, who uses or consumes it anyway.
- The product is common and intended for consumption: sugar, castor oil, alcohol, or butter. Product liability under this circumstance refers to injury or wrongful death. It does not include the manufacturing of defective items or breached actions.
Can I File a Product Liability Claim for Juul?
Juul Labs, Inc. has faced thousands of liability lawsuits across the U.S. for false advertising and promotion. Their e-cigarette has been popularized among kids, teens and young adults. The CDC discovered that 99% of e-cigarettes contain nicotine, which increased health risks and lung injuries. So far the company has paid over $40 million in restitution.
- What is product liability?
Defective products cause a myriad of injuries in the United States every year. Whether the defect is due to design or manufacturing flaws, a defective product attorney can help you identify the guilty party to get proper compensation for your injuries.Product liability law is different from ordinary personal injury law since it addresses specific issues that affect the consumer. Every party in the distribution chain must do their part to ensure that the product is safe and beneficial to the consumer.
- What should a person do if injured by a product?
The first thing you should do is seek emergency medical assistance. Your medical records will serve as crucial evidence for your case.Considering that the opposition will put up a fight, you should contact a legal professional immediately when you're able. In California, you have two years to file a lawsuit from the date of the accident.
- What proof do I need to win a defective liability case?
The court will only award compensation if a product has injured you. Claimants must prove that the product lacked the necessary instructions or warnings, or there was a design flaw. In most cases, the defendant will invoke the comparative negligence clause.If you were using the product in the wrong way, you are partially liable for the injury, and that the compensation can be reduced significantly. For example, if your vehicle's brakes fail because of disrepair, you cannot sue the car manufacturer. However, if a particular brand leaves the assembly line with defective brakes, the manufacturer will not only be required to compensate the owners. The company will also enforce a product recall.
- Can I sue a pharmaceutical company if a drug causes negative side effects?
Liability lawsuits in the medical field involve claims that arise from drugs that cause dangerous side effects. The manufacturer is responsible for issuing a warning of the side effects. For instance, failing to indicate that the medication might cause drowsiness can result in life-threatening injuries if your job requires you to operate machinery.To establish that the pharmaceutical company is at fault, we might identify others who've been affected negatively by their poor marketing. In such a scenario, the affected parties can file a single lawsuit.
Product Liability Attorneys in Los Angeles
Initiating a product liability lawsuit against the manufacturers of a defective product can be quite expensive and difficult. You can rest assured that only the best hands in the industry will be assigned to your case at the Law Offices of Oscar H. Gutierrez.
Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.