Defective Product or Faulty Service
You should be able to trust that the goods and services you pay for are at least safe. Unfortunately, that is not always the case. The good news is that if you or a loved one have been injured because of a defective product or faulty service you may be able to recover for all or most of the damages. Your damages may include medical bills, an ambulance ride, a rental car, lost wages, pain and suffering, and many other types of economic and non-economic damages.
According to annual U.S. Consumer Product Safety Commission (CPSC) reports, hundreds of thousands of people are injured and killed yearly due to unsafe consumer products. When CPSC identifies a dangerous product, it’ll recall it temporarily (until the defect is fixed) or permanently (if it can’t be fixed). Unfortunately, recalls come too late––it’s usually not until people are injured or killed that the link between the product and the injury becomes known.
If you live in California (or anywhere in the United States for that matter) and are injured by a product, you may be entitled to compensation even if the person or company was neither negligent, grossly negligent, reckless, nor intentional. That’s because of California’s products liability laws that allow victims to file personal injury claims or lawsuits on the basis of negligence as well as strict liability, the latter of which means the maker, designer, or another person or entity along the supply chain can be held responsible regardless of fault.
Product liability claims range from home goods to medical supplies to automotive parts to just about any type of product you can imagine. In this website, we provide an overview of product liability laws in California as well as provide examples of some of the most common types of defective product cases filed in the Los Angeles area. If you believe you have been injured by a defective product, contact us. We will align your case with an experienced personal injury and product liability attorney in the Los Angeles metro area.
Proving that your injuries were the fault of someone else’s liability can be difficult and time-consuming. Businesses are trying to make money, and they will often try to avoid taking responsibility when something goes wrong. In order to win a product liability claim, you will need to be able to prove the monetary amount of your injuries and that they were caused by the company that designed, manufactured, distributed, sold, or otherwise provided the goods. That is why it is important to speak to an attorney as soon as possible if you think you might have a claim so that your lawyer can start gathering the evidence you need to prove your case.
What Constitutes a Defective Product in California?
A defective product in California law refers to a product that is unreasonably dangerous for its intended use due to:
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Defective Design
Defective design simply means there is some deficiency in the design of the product. So, it may have been made properly per the specifications, but the design itself is dangerous or potentially dangerous even if used in accordance with the instructions. Two common examples of design defects include incorrect wiring that can cause a fire, electrocution, or another problem; or dangerous products without safety features.
Typically, in these types of product liability cases, the designer of the product is held strictly liable for the defect and the costs of your injury.
Defective Manufacturing
When a defect is caused by a manufacturing issue, it typically means there was a problem with the production of the product, making the product dangerous and different from other batches of the same product. Defective manufacturing is the most common cause of product liability claims. They include things like:
- Improper product assembly;
- Incorrect use of components;
- Use of wrong components; and
- Application of dangerous substances.
In these types of product liability cases, the maker of the product is typically held strictly liable for the manufacturing defect and the costs of your injury that was directly caused by the defect.
Failure to Warn or Instruct
When a product is potentially dangerous if used improperly and/or if the danger isn’t immediately obvious, a warning or instructions to use the product must be included with it. Failure to do so can result in legal action. Examples of failure to warn or instruct a consumer on the potential harm of a product include:
- Medicine without mentioning on the label that there are dangerous side effects;
- Battery-operated tools that overheat when plugged in and can spark a fire but no warning of the same included in the package; or
- Vague instructions or warnings that the average consumer would not understand or recognize as describing a potentially dangerous product.
In these types of cases, the manufacturer, seller, or other vendors and companies along the consumer supply chain could be held responsible and, thus, liable for your injuries.
When something goes wrong with a faulty product, it often does so at what seems like the worst time. Your great day could turn into a terrible day in a split second through no fault of your own when it comes to product defects, manufacturers are strictly liable and responsible for any injuries or damages their products cause. Here are some kinds of product defects that may cause injury and damages:
- Vehicle defects are some of the most common ones that can cause serious injury to unsuspecting consumers. When you are driving down the road and something goes wrong with your tires or engine, you can end up having a major accident and suffering anything from bruising or sprains to brain trauma or other severe damages. You could even end up harming someone else and being blamed for it if you can’t prove that it wasn’t your fault. Automobile manufacturers understand how important it is to be safe, and they frequently recall parts if they find out they are defective in any way.
- Consumer product injuries can be caused by any of a number of different kinds of products, such as appliances, toys, electronic devices, sporting goods equipment, and even blinds or curtains. Whether it is a baby toy with small parts that cause choking or a shelf that tilts and falls because it isn’t balanced properly, consumers have the right to expect their purchases will not cause them harm.
- Drug and medical device injuries can result in serious side effects or death. Instead of making you healthier, your new drug may cause you more severe problems than you had to start with.
Faulty Services
Faulty services are usually associated with professional kinds of services, although not necessarily. As an example, a car dealer may provide faulty repair service to a car, intended to satisfy customer warranties, which may end up in brake failure. If someone was injured as a result, the dealership can be held liable for defective mechanic work. In another instance, your chiropractor needs to be licensed, but can still cause you injury, including paralysis or other serious injuries. Even though wrongdoers are not strictly liable in these scenarios, they can be held liable under various theories for their negligent actions, omissions to act, medical errors and/or malpractice, other professional malpractice, etc.
Take into consideration that there are time limitations, called Statute of Limitations. For the above-referenced example, the statue of limitations to sue the car dealer is two years, while statute of limitations to sue a chiropractor in California is only one year from the date of the injury. Statutes of Limitations for each type of personal injury or any other action may vary depending on the type and facts of each claim; so you will need to act fast if you plan to take action.
Have you or a loved one suffered because of a defective product or faulty service? Don’t wait to get help. Our attorney referral service, Legal Passkey, will help you find the right professional to get you the help you need. Stop worrying about figuring this out on your own and merely talk to a lawyer you can trust. Call today for a free consultation.
