Defective products fall under the product liability law in which anyone involved in the product distribution chain of a particular product is held responsible for the damages that the product has caused, regardless of the degree of fault. This type of liability with disregard of fault is given the term strict liability. In strict liability cases, the injured does not need to prove negligent actions of the defendant and holds the manufacturer and everyone involved in the chain of distribution responsible for the defective product. Defective product cases are handled by product liability attorneys who have the advantage of experience over general lawyers.

Product Liability Cases Stem From:

  • Defects in product design
  • Defects in manufacturing
  • False advertising
  • Lack of or inadequate warning

Product liability lawsuits sometimes succeed even if the injured has used the product incorrectly, the product as long as such incorrect use is foreseeable by the product manufacturer or the party involved in the supply chain of that product.

Three Conditions for Successful Cases:

  1. The product hasn’t changed the condition substantially upon reaching the customer.
  2. The product was used or misused in a way that was reasonably foreseeable.
  3. The injury occurred as a result of the defect in the product and the consumer was not aware of this defect, rendering the product unsafe for the intended use.
  4. The product was sold by a casual seller.

Any product can be defective and cause an injury, some of the ones that are prone to defects resulting in serious injuries include: tires, seat belts, car seats, children’s toys, home appliances, and pharmaceutical drugs.

Types of Defective Products

Any product we use during the day can lead to serious injury when it fails to work as the consumer expects. For example, people are injured by defective:

  • Tires. Defective tires automatically render a vehicle unstable. When the tread separates from the tire, an accident is inevitable.
  • Seat belts. A defective seat belt could fail to restrain someone or, equally as bad, actually lock up and trap a person in a car.
  • Car seats. Child car seats can have many defects. The seat might fail, sending your child flying through the vehicle during a crash. Or the instructions could be so confusing that you can’t install it properly. Other car seats choke a child because of the poor position of the straps.
  • Children’s toys. Toys often have small parts which break off and are swallowed by children, leading to choking.
  • Home appliances. Home appliances can explode or electrocute an owner. Other appliances lead to a house fire.
  • Pharmaceutical drugs. Defective drugs cause serious injuries, including infertility, cancer, psychological problems, and even death. Just because a product is approved by the Food and Drug Administration does not mean it is automatically safe for consumers. Some side effects are not disclosed, leading to injury.
  • Furniture. Defective bedding can catch on fire, or poorly designed bureaus can topple and land on children. Thousands of people are injured each year by poorly-designed furniture.
  • Clothing. Many articles of clothing fail to meet federal safety standards. They might catch on fire or have small buttons which a child will swallow.

These are some of the more common defective products which cause injury. Reach out to a Los Angeles defective product attorney to review your case.

Defective Products and Manufacturer Recalls

Every year, hundreds of products are recalled by manufacturers after they learn of incidents and injuries. The federal government also has the power to order a recall if the manufacturer does not act fast enough. You can find the most recent recalls at the Consumer Product Safety Commission’s (CPSC) Recall Page.

A product can still be defective even if it has not been recalled. For one thing, you might be one of the first people injured by it. Once you report your accident or injury, the manufacturer might choose to recall it. But on a deeper level, product liability law does not depend on a product being recalled. Instead, we will look at whether the product worked as you expected it to, or whether the design could have reasonably been made safer.

A recall is strong evidence of a product defect—and our Los Angeles defective product attorneys stay on top of the recent recalls. But we can also find other relevant evidence.

What to Do after an Injury?

  • It is vital to have adequate evidence to prove the product was defective. You absolutely should hang onto the product that injured you. If you throw it away, we might not be able to bring a convincing case.
  • Also receive medical care promptly and keep copies of your records and bills. This evidence helps connect your injury to the defective product and shows how much your injuries have cost you.
  • You should also report the defective product to the CPSC or the manufacturer. Better yet, hire an attorney who can handle this for you.

Contact Us

Attorney Vibhu Talwar has successfully handled cases resulting in multi-million dollar verdicts and settlements. Our defective product attorneys will help you recover the compensation you deserve for you or your loved ones that have been injured as a result of a defective product.

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Personal Injury | Auto Accidents | Bicycle Accidents | Pedestrian Accidents | Wrongful Death | Motorcycle Accidents | Truck Accidents | Bus Accidents | Defective Products | Dog Bites | Slip & Fall Accident | Boat Accidents | Bone Fractures | Brain Injuries | Burn Injuries | Construction Accidents | Crane Accidents | Defective Drugs | Distracted Driving Accidents | Drunk Driving Accidents | Electrical Shock Accidents | Elevator Accidents | FedEx Truck Accidents | Gas Station Slip & Fall Accidents | Longboarding Accidents | Premisis Liability Accidents | School Bus Accidents | Spinal Cord Injuries | Swimming Pool Accidents | Train Accidents |