LA Injury Group logoLA Injury Group Attorneys
Personal Injury and Wrongful Death Attorneys
(818) 240-1800

How to Establish Product Liability in a Faulty Product in Los Angeles?

January 8, 2023 
by LA Injury Group

Los Angeles product liability attorney: You bought a product you’re not aware is faulty and caused you injuries in the long run. It’s just frustrating because we buy products that we need, and to make our tasks easier. However, there will be some point in our lives when we’ll get defective ones instead.

When you or a loved one suffers injury for using a faulty product, you may be eligible to file a lawsuit. This process is a bit complicated and hiring an experienced Los Angeles product liability attorney can help you establish a successful case. Contact LA Injury Group at (818) 240-1800 for help.

Broken micro USB phone charging cable. Damaged white usb cable plug bandaged by duct tape

Knowing if the Purchased or Used Product is Inoperative

It’s worth noting that not every product that malfunctioned or ceased to work is malfunctioning. Identifying the difference can be hard, especially if you don’t have any experience in this field of law. You could possibly have a product liability claim if you used the product in question as it was purposed but at the same time suffered an injury that wasn’t associated with normal wear and tear or incorrect use.  

As a consumer, you must be acquainted with all the resources accessible to help you if you sustained severe injuries or lost a loved one who died from using a faulty product. Speaking with one of our well-versed Los Angeles product liability attorneys will help you create a better and more informed decision.   

Los Angeles Product Liability Attorney: What is Product Liability?

It pertains to the accountability of any or all parties together with the chain of manufacture of any product for damage caused by that particular product. It may involve the manufacturer of component parts, the assembling manufacturer, as well as the wholesaler as well as the retailer or store owner. Products with fundamental defects that can induce harm to a consumer would be the issue of product liability lawsuits. 

What are Product Liability Claims?

These are any and all claims by product consumers who seek damages for personal injury, demise, overheads, economic loss, or any other relief depending on an apparent breach of product warranty, negligent product design or manufacture, or strict liability in tort. 

What are the Types of Product Liability Claims?

Product liability claims are usually based on negligence, breach of warranty, or strict liability. Generally, it depends on the scope in which the claim is based. Defects that result in liability come in three categories and these are design defects, manufacturing defects, and defects in marketing or warning defects. 

Design defects. These defects are ingrained since they already existed even before the product is manufactured. Even if it might serve its purpose, it’s still risky to use because of the defect in the design.  

Manufacturing defects. It usually happens during the construction, production, or manufacture of the product. The defect exists when the item departed the defendant’s control. It deviated from the manufacturer’s purposive result. 

Additionally, it can emanate from the supposed exact products of the same manufacturer. Simultaneously, the product is utilized by the consumer and sensibly imaginable by the defendant or liable party that caused the injured victim injury.

Defects in marketing or warning defects. It means failing to provide a proper warning regarding its risky susceptibilities. It may also mean that the manufacturer fails to provision applicable safe instructions for using the product.

Normally, manufacturers and distributors must ensure that the required risk warnings or use of safe instructions reach the consumer. These types of product defects can cause serious injuries or even death of the product user. Hiring a skilled Los Angeles product liability attorney can help you recover the damages and cover the expenses for your medical treatment by seeking compensation.     

What is Comparative Negligence in a Product Liability Case?

If you can indicate the defectiveness of the product contributed to your injury, your own comparative negligence won’t get rid of your claim. Instead, it will slash a percentage of your recoverable damage based on the proportion of your own fault. 

For example, the compensation that you must receive is $100,000 for the damages. But because you’re partly to blame for your injuries, the amount will be reduced to some degree.  

What is Strict Liability?

Product liability is a strict liability offense in which a defendant is accountable when the plaintiff proves that the product is indeed faulty, no matter what is the defendant’s intention. It’s useless whether the manufacturer or distributor implemented the utmost care because if the product is defective and results in harm and injury, that person is liable for it.  

As an injured victim, you don’t have to prove the defendant’s negligence. Even if you plead negligence in this type of case, it doesn’t center on the “soundness” of a defendant’s conduct. Instead, it focuses on whether or not the product itself gets to be faulty, regardless of how the defendant may have been in manufacturing the product.

Establishing Product Liability

As a consumer, we expect product makers, distributors, suppliers, or retailers to fulfill a reasonable standard of care in the manufacture, processing, and product supply that are sold in the market. When you or a loved one suffers injury by using any of the impaired products, you’re eligible to file a product liability claim

However, you need to prove these five elements from the theory of negligence for a successful case. Hiring an expert Los Angeles product liability attorney can help you prove them.

  • The manufacturer owed you a duty
  • The manufacturer breached that duty
  • That breach is the actual reason for your injury
  • That breach was the actual cause of your injury
  • You suffered actual damages because of that breach 

Contact LA Injury Group Today for a FREE Consultation

The legal process is a complicated matter and without a capable representative on your side will make you helpless in the hands of insurance companies. Our best trial Los Angeles product liability attorneys are here to help you get justice and the compensation you deserve.

We’re here to protect your rights and defend you from the insurance adjuster’s unscrupulous practices. We’ll ensure that you’ll be able to file your claim within the specified period to help you get your claim as soon as possible. Contact LA Injury today so we can provide the help you need. Call (818) 240-1800 and schedule a FREE evaluation of your case. We work on a contingency fee basis.

cross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram