Product Defects

Los Angeles Product Liability Lawyer

Injuries from Defective and Dangerous Products

Were you injured by a dangerous product? A Los Angeles personal injury attorney from Martinian & Associates may be able to assist. Every day, consumers are injured by products. When is it the consumer's fault and when is it the manufacturer's fault? In order to have a product liability claim, a person must be able to prove that a product was dangerous or somehow defective, and that defect directly resulted in injury. There are three major types of product liability:

Manufacturing Defects
With manufacturing defects, a product is considered defective because of a flaw during the manufacturing process. If the product would have been manufactured properly, then the product likely would not have been defective.

Design Defects
With design defects, a product is deemed defective due to flaws in the design itself. This means that even if a product was manufactured perfectly, it still would have posed a safety risk to consumers.

Marketing Defects
These defects can also be called "failure to warn." Product manufacturers could be held responsible for failing to market their product properly. For example, marketing a product to young children that could be dangerous to this age group could result in a lawsuit. Another example would be a company that fails to thoroughly explain the proper use of a product on the warning label or instructions.

Product liability law is unlike many other types of personal injury claims. In many defective product cases, the principle of strict liability is used rather than negligence. This is because negligence implies some sort of careless action. While manufacturers are responsible/liable for defective products they issue, these cases do not typically involve claims of negligence.

Substantiating a Product Liability Claim

Not everyone who is hurt by a product can file a product liability claim. This type of lawsuit can only stand if three basic factors are in place: 1) A product was defective, 2) The defective product resulted in injury, and 3) Injuries are verifiable. The Center for Disease Control and Prevention (CDC) regulates consumer products and the Food and Drug Administration (FDA) regulates foods, over-the-counter drugs, and prescription drugs.

Despite federal regulation, many products are deemed defective. In some cases, manufacturers will notify consumers of the defect before any injuries take place. In other cases, a defect is not discovered until multiple people have been injured. Aside from federal regulations, the state of California also has a variety of consumer protection laws. Consumer protection laws cover everything from appliances to vehicles and unlawful business practices. If a product manufacturer violates any of these laws and causes a consumer injury, then they could be held legally responsible.

Presenting a Strong Case

When our Los Angeles product liability attorneys present a defective product case, we make sure to take our time and build the most compelling case possible. These are real people that have suffered significant injuries, and our goal is to make those stories real and tangible to jurors. You may be dealing with extensive medical bills, time taken off of work resulting in lost wages, emotional suffering and more. With experienced legal counsel from our firm, you could recover financial compensation to cover the cost of your losses.

At Martinian & Associates, we are not afraid to hold large product manufacturing companies responsible for their defective products. If you have been injured in this way, please do not hesitate to call today and receive a free evaluation of your case.

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