Product liability is the set of laws that holds all manufacturers, distributors, suppliers, retailers, and other persons and business entities that provide products to the general public responsible for any injuries or illnesses their products may cause.
If you or a loved one has been injured after using a dangerous or defective product, reach out to product liability lawyers at Greenberg & Ruby, LLP today. You may be eligible for significant compensation by filing a Los Angeles product liability claim.
Why Choose Us as Your Los Angeles Product Liability Lawyers?
Our product liability attorneys have the education, experience, and knowledge to assist you with all matters of product liability law. Our law firm has a combined 60 years of legal experience helping clients with their product liability claims, and we have recovered more than $250 million on their behalf for their personal injury claims.
At our law firm, Greenberg & Ruby, LLP, our clients come first. We maintain consistent, honest communication to build a foundation of trust so that we can better serve our clients in the best way possible for their needs. And, most importantly, we represent clients based on a contingency fee arrangement. There are no upfront costs, and all expenses throughout the case are advanced. If we do not win your case, you do not need to pay.
A Los Angeles Product Liability Lawyer Explains: Types of Product Defects
There are three primary types of defective products: design defect, manufacturing defect, and failure-to-warn defect.
- Product design defects are problems within the design that causes it to be either dangerous or defective. The defects cannot be repaired by even the highest standards of manufacturing.
- A manufacturing defect means that there is a flaw in the product that occurs during the fabrication or manufacturing process, and may be caused by the use of low-quality materials, poor quality, or shoddy assembly.
- Failure-to-warn defects occur when there is an absence of warnings or instructions accompanying a product that possesses inherent and necessary dangers. Product dangers are considered inherent when neither design adaptations nor manufacturing standards can eliminate their risks.
California laws cover almost all products, including furnishing, toys, perfume, clothing, etc. However, there are exceptions. As the law states, that is the case if “the product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community.” Among these products are, for example, sugar, castor oil, alcohol, and butter.
Types of Product Liability Claims
Product liability claims fall into four categories: negligence, strict liability, breach of warranty, and consumer protection claims.
- Negligence Claim: In a basic negligence claim, the plaintiff must prove that there was enough of a relationship between the product manufacturer and the consumer for a duty to be owed, that the duty was breached, and that this breach of duty directly or partially resulted in injury to the plaintiff.
- Strict Liability Product Claim: Strict liability laws hold the manufacturer of defective products responsible for any injuries that result even if the manufacturers were not themselves negligent during the manufacturing process.
- Breach of Warranty Product Liability Claim: Breach of warranty claims apply to injuries that occur when a product is represented one way at the time of sale in the form of an implied or express warranty but subsequently fails to live up to that representation and causes injury or damage as a result.
- Implied Warranty Product Liability Claim: An implied warranty is one that is not expressly stated but occurs due to the nature of the transaction between the buyer and the seller. For example, a warranty of merchantability is inherent in any sale and implies that the product will reasonably conform to the average consumer's expectations of it.
- Express Warranty Product Liability Claim: An express warranty is a written or verbal guarantee that specifically lists the performance limits and uses of the product and often explains any instances in which it can be repaired, replaced, or returned at no or minimal cost to the consumer. Both implied and express warranties may carry disclaimers to prevent claims against them or their distributors.
- Consumer Protection Claims involve a wide variety of laws that protect consumers from economic losses due to faulty products. That includes laws such as Lemon law.
People expect the product they are using to work as it was advertised and designed. When that doesn't happen, and someone is, unfortunately, dies, a wrongful death claim may be filed to recover the damages associated with the fatal accident.
Product liability cases, including wrongful death, can be hard and complicated. The responsible party in a wrongful death suit can be figured out when your lawyer understands which product defects triggered the accident. Then, they can work backward to determine who is liable for the defect, and hence the wrongful death. Experienced attorneys at Greenberg & Ruby, LLP, are well-versed in all matters of personal injury and wrongful death laws.
Defective Product Settlements
California has strict liability guidelines for injuries that happen due to defective products. Victims that have been hurt have to prove that the particular item caused the injuries. The plaintiff has to prove that the item was dangerous and that the injury would not have occurred if it hadn't had harmful characteristics.
Under California's “comparative fault” law, an individual hurt in an incident involving defective products can still recover damages even when she or he is partly to blame for that incident. The jury will decide what percentage of the complainant's own negligence contributed to the injuries.
Settlement in liability claims can be notoriously complex. Products liability attorney in Los Angeles, CA, can help you navigate the proceedings so that you have peace of mind throughout the entire process. During the last 50 years, our law firm and trial lawyers have successfully litigated thousands of product liability cases, and we can pursue your interest in a variety of practice areas throughout California.
Why Do You Need a Los Angeles Product Liability Attorney?
It is highly recommended to seek counsel with an experienced products liability lawyers. They will be able to answer any questions about the possibility of a claim, any potential estimates of damages, and other concerns you may have regarding the liability law.
If further investigation is needed in order to pinpoint where the negligence lay, an attorney will be able to call upon the services of a number of independent experts who can help to investigate the claim.
Professionals such as specialist equipment experts, design and manufacturing experts, and medical examiners can all be called upon to present their findings back to the representing lawyer. From this, a skilled lawyer will have a clearer picture of who is to blame for the accident and what route to take.
The right lawyer can deliver a full and fair compensation package that befits the plaintiff and will do this as quickly and efficiently as possible so as not to burden them with financial worries while they are trying to recover. They will act with compassion when dealing with any claimant, but alternatively, a good lawyer will also pursue such a case vigorously in order to determine the right outcome for their client every single time.
Get Help From a Proven Greenberg Ruby Product Liability Attorney
A Los Angeles product liability attorney should be contacted immediately after an accident caused by a defective product in order to file a claim before the statute of limitations expires.
If you were burned, cut, or otherwise hurt by a defective product, you can file an injury claim within 2 years of discovering that your injury was the result of the item in question. However, if the defective product caused your home to catch fire, or triggered other damage to your home, you can file a property damage claim within 3 years of that discovery.
In your haste to file a claim in a timely manner, do not neglect to use good judgment when examining prospective product liability attorneys.
Products liability attorneys should have a large network of product liability experts that work with them to provide professional testimonials and consultations. They should be well experienced in this area of law and fully comprehend the complexities of their highly regulated field of practice.
Last but not least, the best legal counsel for you and your liability case is an attorney who behaves honorably and explains your options in outcomes fully at every step on your way to recovering damages.
Law firm Greenberg & Ruby, LLP, has a proven record of obtaining maximum compensation for injured people and their families in California. Our team of Los Angeles product liability attorneys has expertise in handling cases where people have been hurt due to using defective or dangerous products.