Knowledgeable Product Liability Lawyers
California has a diverse cultural heritage. The people and businesses here are trendsetters in fashion, technology and lifestyle. The state’s culture has a significant influence on global popular culture through its entertainment, music, film and technology industries.
As the most populous state in the nation, we have one of the largest economies in the world, driven by diverse industries including agriculture and tourism. From beaches along the Pacific Ocean to the Sierra Nevada mountains, and from the fertile Central Valley to the arid deserts in the southeast, the wheels of commerce never stop. We import and export a multitude of products. Some will last a long time. Others – not so much.
Who can you hold responsible when your toaster blows up and burns down half your kitchen? What do you do when your tire rotates completely off the hub and your car flips? Who pays when the flea powder you bought causes your pet to flatline?
California has robust product liability laws. At McMurray Henriks, LLP, our lawyers have decades of experience in the courtroom. Our clients and legal peers hold us in high regard for our ability to win multimillion-dollar verdicts and settlements for our clients. When you have injuries from an appliance, a toy, a tool, a car or any other product, we can help you file a product liability claim. Contact us for a free consultation if you have injuries from a defective or dangerous product.
Types Of Product Defects In California
There are three main categories for product defects in California: Design defects, manufacturing defects and marketing defects.
What Are Design Defects?
These occur when a product is inherently dangerous due to its design, even if it is manufactured perfectly according to specifications. A design defect means that the product is unsafe for its intended use. For example:
- Automobile with a high rollover risk: An SUV that has a high center of gravity and a narrow wheelbase, making it prone to rollovers, even if it is manufactured according to design specifications.
- Children’s toys: A toy designed with small parts that can easily detach, posing a choking hazard to young children.
- Faulty auto air bags: An air bag system designed in such a way that it deploys with excessive force, causing injury to the vehicle occupants rather than protecting them.
Examples Of Manufacturing Defects
These defects happen during the production or assembly of the product. Even if the design is safe, errors in manufacturing can make the product dangerous. This could include using the wrong materials, poor workmanship or assembly mistakes. For instance:
- Contaminated medication: A batch of prescription drugs that get contaminated during the manufacturing process due to improper sterilization.
- Cracked bicycle frame: A bicycle frame that develops cracks because of a flaw in the welding process during assembly, even though the design is safe.
- Improperly assembled car seat: A car seat that has bolts or screws missing or improperly tightened, making it unsafe for use despite being designed correctly.
Marketing Defects Can Be Harmful
This is also known as a failure to warn or inadequate instructions. These defects are related to how the product is marketed to consumers. It includes insufficient instructions, improper labeling or the failure to warn consumers about potential risks associated with the product’s use. Examples include:
- Lack of hair dryer warning: A hair dryer that does not come with a warning label indicating that it should not be used near water, which could lead to electrocution.
- Insufficient instructions: A power tool that lacks detailed instructions on safe operation, leading to potential misuse and injury.
- Allergen information: A packaged food product that fails to disclose the presence of common allergens like peanuts or gluten, posing a health risk to consumers with allergies.
Understanding these categories helps in identifying the nature of the defect and determining the responsible party, whether it is the designer, manufacturer, or distributor. Or all three. If you believe you have encountered a defective product, call McMurray Henriks, LLP, in Los Angeles to discuss your rights in a product liability claim.
Strict Liability Is A Key Aspect Of Consumer Protection
In California, the law holds manufacturers, distributors and retailers strictly liable for injuries caused by defective products. This means that a plaintiff does not need to prove negligence. They only need to prove that the product was defective, the defect was there when it left the defendant’s control and the defect is the direct cause of their injury.
While strict liability is often easier to prove, consumers can also bring product liability claims based on negligence. This requires showing that the defendant did not exercise reasonable care in the design, manufacture or warning about the product, and that this failure caused the injury.
What Is The Time Limit For Filing A Product Liability Claim?
The time limits – or statute of limitations – for filing product liability claims can be confusing. Usually, you need to file a claim within two years of sustaining a physical injury from a product or within one year of realizing that the injury and its cause are connected, whichever comes first.
If a product caused you to get any type of physical injury, you have two years from the time you discover the product caused your injury to file a personal injury claim. If the product causes damage to your property, such as starting a fire in your home or putting a hole in your wall, you have up to three years from discovering the damage to file a property damage claim.
At McMurray Henriks, LLP, we offer a free case evaluation for these types of claims. If you have a valid case, we will aggressively – and intelligently – fight for the compensation the law allows.
Free Consultation For Your Product Liability Case
California’s product liability laws provide significant protections for consumers, ensuring that they have avenues for redress when they have injuries from defective or dangerous products. If you believe you have a product liability claim, contact our Los Angeles office by calling 323-931-6200 or sending us an email. We will protect your rights and your legal options. We accept product liability claims on a contingency basis. This means you do not pay any money for legal fees unless we win your case.