Put Years of Experience in your corner
Consumers have the right to expect a reasonable level of safety and performance
out of any product. As such, if damage to personal property or an
injury results from the careful and proper use of a product, it may be that the
manufacturer, distributor, or even retailer who supplied the product is
responsible for the damage caused.
There are multiple factors that determine whether a claim can be established,
but most product defect cases fall into one of the following categories
and with an experienced product defect attorney in Los Angeles, you have
the opportunity to recover the compensation you deserve.
We handle cases involving the following:
- Manufacturing defects
- Design defects
- Lack of warnings / instructions
A manufacturing defect is established if the product that caused the injury
is different from the majority of other products available from the maker.
This usually means only one or a select few of the items were negatively
impacted. Hence, manufacturing defect claims are one of the more common
product liability claims.
Some examples of this include a medicine accidentally tainted with a harmful
substance, an improperly installed or missing brake system in a motor
vehicle, or a defect in a chain link fence causing it to be dangerously
weakened and break, resulting in property damage or injury. As leading
Los Angeles product defect lawyers with detailed experience dealing with
such cases, we think it's important you know the early signs and symptoms
of product defects.
A design defect claim is less common, but more far-reaching than a manufacturing
defect claim. Defectively designed products are flawed from their inception,
which means multiple items on the market could pose a danger to buyers.
It also means there is a wider variety of parties who may be responsible
for any damage caused.
For example, design professionals, product testers, and the company who
commissioned the creation of the product may each be held accountable
for a product with a dangerous design. These suits are usually levied
against defendants by multiple claimants or affected individuals, often
resulting in both a recall and financial restitution. Two examples of
this type of defect include a car prone to rolling over or an electric
blanket that shorts out, resulting in electrical shock or
Lack of Adequate Instruction or Warning
Many products can be potentially harmful if not used correctly. Therefore,
it is the duty of the manufacturer to supply each buyer with the information
they need to shield themselves from injury by incorrectly using the item.
For these claims to apply, the product must be dangerous in a way a reasonable
person would not detect. Injuries or damages must also directly result
from the preventable misuse of the product due to a lack of sufficient
This means if a product is missing instruction or warning labels but no
injury or damage occurs, compensation may not be sought. It might be possible,
however, to inform the company of the defect, thereby preventing future
users from sustaining an injury.
We can investigate your incident to determine what third parties were instrumental
in causing your injuries through their negligence.
Establishing a Claim
In order to establish a claim, you must show that:
You suffered losses or injury. As previously mentioned, there must have been injury or damage sustained
for a claim to be liable. The potential for injury will not bring sufficient
cause for a settlement, and therefore is not enough to levy a claim.
A defect was the cause. If an injury or damage occurred, the defect or failure to provide proper
instruction must have been the direct cause.
The product was being correctly used. It must also be established that, at the time an injury or damage occurred,
the product was being used exactly as specified. Failure to use a product
as directed always carries the risk of sustaining an injury, which makes
proving fault on the part of the product a very difficult task. For this
reason, it is important to make sure you can establish the injury was
not a result of user error.
Contact Our Trusted Advocates for Guidance in Los Angeles
There are many different types of injuries that can be sustained from using
a defective product, with the severity ranging from mild to severe. If
you or someone you know has experienced an injury while properly using
a defective product, contact a product defect lawyer in Los Angeles from
BD&J, PC today. Our staff can help you assess your claim’s potential
and win you the highest award possible.
Get in touch with our firm at (855) 906-3699 and
schedule a free consultation today.