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Who Can You Sue for a Defective Product Liability?

August 4, 2022 
by LA Injury Group

So you have bought a new tool or an appliance and you’re excited to use it to make your work faster and easier. But something went wrong. Unfortunately, the product you bought did not perform the way you expect it. In short, it’s a defective product. It caused harm and injury, and in worse cases, it can even result in death. 

Who can you sue for a defective product? There are several parties involved in defective product liability. If you or a loved one sustain injuries from using a defective product, you may be eligible to file a product liability claim.  An expert LA defective product lawyer can help you prove the liable parties’ negligence. Contact LA Injury Group at (818) 240-1800) and book a free evaluation of your case.

LA defective product lawyer

What are the Types of Product Liability Claims in California?

The law notes that strict liability effectuates when someone designs, manufactures or markets a defective product regardless if there was no negligence involved. As a victim, you need to prove the carelessness of the plaintiff that caused you harm and injury. Hiring an expert LA defective product attorney can help you prove the recklessness of the negligent party or parties. 

It’s also worth noting that there are three types of product defects that can result in a product liability claim. These are:

Defects in Product Design

A product with a design defect can be dangerous to the user. The flaw itself generally impacts the whole product line, instead of just a unit. Changing the design of the product and creating it differently will rectify the imperfection. 

Defects in Manufacturing

A defect in manufacturing occurs when the finished product has damage, is not properly assembled, or underwent an incorrect manufacturing process. There are two reasons why manufacturing defects occur. These are the use of poor-quality raw materials and human error. When the worker was careless, unskilled, or untrained, the finished product will possibly have a deficiency.  If the product caused injury, the manufacturer becomes liable for civil damages.

Insufficient Warnings or Clear Directions

The manufacturer must ensure that before the product leaves the warehouse to sell, it already has adequate, precise, and clear directions on its proper use. If there are none, those included in the chain of distribution become liable when the consumer suffers injuries because of using that product. 

LA Defective Product Lawyers: Who is Liable in a Product Liability Claim?

The liable party in a product liability claim can be anyone from the chain of distribution. It could be the manufacturer, wholesalers/distributors, or retailers. 


Most of the time, they are the leading defendant when a consumer sustains injuries upon using a particular defective product. If the flaw results in the product malfunctioning and hurting the consumer, the manufacturer of the entire product becomes the liable party or defendant, especially if its name appears on the box. However, there are certain products that use parts made by different manufacturers. If a particular part caused the product to malfunction resulting in injury, that manufacturer becomes liable. 


Generally, the manufacturers will send their products to a wholesaler or distributors for packaging, shipping, and other procedures. Logistics companies can also be responsible for mistakes or errors that occur when they’re in control of the merchandise or product. 


You can file a claim against any party (manufacturer, wholesaler, or retailer). It could also include the store where the consumer bought the defective product. In California, the law doesn’t exclude a seller for his or her “innocence” like in other states. 

What are the Elements of a California Product Liability Claim?

When filing a product liability claim, you need to prove certain elements, and proving these can be daunting. Since the law doesn’t depend on negligence, these elements are a bit different from a usual personal injury claim

  • The liable party designed, manufactured, distributed, or marketed the product
  • The product was defective when it left the defendant's control.was non-functioning
  • The plaintiff (victim) used the product in a sensible foreseeable manner
  • The defectiveness of the product caused harm and injury 

Hiring a skilled LA defective product attorney can help you prove these elements. Additionally, you need someone dependable because insurance companies are always ready to dispute your claim. These challenges are:

  • You have mistaken your defendants, meaning you chose the wrong liable party
  • It’s your own negligence that caused your injuries
  • The questionable product didn’t cause your injury
  • The product wasn’t imperfect when it left the defendant’s control
  • Some other party might have intervened with the product, causing its defect
  • There was a negligent alteration or repair
  • You haven’t established your injury or associated damages

Get the Help You Need with LA Injury Group

When you or a loved one suffers harm or injury from using a faulty product, don’t hesitate to speak with an expert Los Angeles defective product attorneys. You’ll know if you have a case or none, and if there is, you’re confident that you’ll have someone to protect your rights and defend you from the insurance companies and defendants.

Contact LA Injury Group today. Call (818) 240-1800 and schedule a free case evaluation. You can also send your inquiries to our email. We work on a contingency fee basis. 

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