When we use products, we usually assume the important testing and trial of the product has been conducted prior to being sold to the public. However, that’s not always true, and some products can turn out to be defective. If you were harmed by a product, then you may have grounds to file for a product liability suit.
Product Liability Attorney in Glendale, CA
Though we assume every product that we use is safe for use, some products can turn out to be defective. If it is determined that the cause of your injury is attributed to a product, you may have a product liability suit on your hands. At Yarian & Associates, APC we are committed to bringing justice to your injury. If the negligence of a designer, manufacturer, or seller contributed to the product causing your injury, we will do everything in our hands to recover for damages on your behalf.
Our attorneys at Yarian & Associates, APC are experienced in recovering damages in personal injury suits. Product liability can get complicated, because there are lot of loopholes that surround product liability laws in California. Having a legal counsel by your side who can litigate on your behalf is most advisable when dealing with a product liability case.
Contact Yarian & Associates, APC for a confidential consultation at (844) 291-1911 or fill out an initial contact form on our website. We work with clients from the cities of Glendale, Los Angeles, Riverside, Pasadena, and more.
Overview of Product Liability
- What is the law for Product Liability?
- Scenarios to Which Product Liability May Apply
- Types of Products
- Possible Defense
- Statute of Limitations
- Additional Resources
California’s Strict Liability Law
A product liability lawsuit can be brought to a California court if it is determined that the plaintiff claims that he or she was harmed by a product distributed/manufactured/sold by the defendant that: contained a:
- manufacturing defect;
- or was defectively designed;
- or did not include sufficient instructions or warning of potential safety hazards (CACI §1200).
Scenarios to Which Product Liability May Apply
- Defective design: A designer or engineer of a product has the responsibility to make sure a product works for human abilities. If the design of a product failed to consider the way it would function in real life, so much that it causes an injury, they may be liable for negligence.
- Manufacturing Defect: Following a design, a manufacturer or maker of the product must follow along with the design and execute the product as perfectly as possible. It is the responsibility of the manufacturer to make sure all the products are being made with the same care and caution, otherwise a defective product may fail to work the same and result in serious consequences.
- Lack of adequate warnings or instructions – Most products come with a label attached providing detailed information on the product and instructions on how to best use it. Especially when it comes to flammable or high-risk products, their labeling is key to make sure the user or customer follows proper protocol to avoid misusing the product and hurting themselves.
Types of Products
A product liability suit can include all types of products, however there are products that may require an extra level of care when designing and executing and need adequate labeling and instructions, so a mistake can lead to a liability. These include:
- Medical Devices (i.e., insulin pump, hernia mesh, IVC filters)
- Drugs (i.e., opioids, stimulants, depressants)
- Auto Parts (i.e., airbags, tires, seatbelts)
- Appliances (i.e., iron, microwave, dryers)
- Electronics/Electric Device (i.e., cell phone, hoverboard, batteries)
A possible defense that is brought up in court many times can include those items protected under the law that says they have been inherently known as being bad. When items (i.e., alcohol, oil, sugar) are known to be bad, they may not be viable for a product liability claim (Cal. Civil Code §1714.45).
The seller of the product may be protected in certain cases if they had nothing to do with the manufacturing of the product. However, when considering the role of the seller, in cases like a medical product, the doctor, pharmacist or other healthcare professional may have a role to play in the use or consumption of the product. If the patient, in this case, has not been taught how to properly use an insulin pump, the liability can also be constituted as medical malpractice. The healthcare professional failed to provide a duty of care they were assigned with originally.
The manufacturer of the product may not be to blame if they included the label or instructions, however the seller or provider of the product failed to transmit the label or instructions to the end-user or customer. Assessing liability to a certain individual requires the analyzation of the case itself. It must be reviewed first where the issue came from, which could vary between the designer, manufacturer, or seller.
Statute of Limitations
To submit a product liability lawsuit to a California court, you must do so within 2 years of the personal injury. California’s comparative liability laws allow you to file for a lawsuit even if you were partly at fault for the accident. However, the comparative lability law can also deter how much you are able to receive out of a product liability case.
Overseeing Food & Drug Products | Food and Drug Administration (FDA) – The Food and Drug Administration (FDA) oversees regulation of all food and drug items in the United States. Within the FDA, you can find out which food and drug products, including medical devices have been approved or the stage they possess currently. The FDA also provides information on products that have been known to be hazardous previously.
American Lung Association | Harmful Products – The American Lung Association provides some information on cleaning and household products that have been known to be harmful to your lungs. Some of the products are especially important for people with asthma or underlying lung conditions.
Lawyer for Product Liability in Los Angeles County, CA
The general public trusts manufacturers and sellers of a product to have their best interests in mind always, however, those manufacturers and sellers may sometimes be negligent. If a product has not gone through the necessary trials and testing necessary to be deemed as safe, then it holds a certain risk for the public.
Our attorneys at Yarian & Associates, APC are determined to fight for your rights at all costs, when pursuing a product liability case. If you got injured using a product whose design was poor, or had a manufacturing defect, or lack of labeling that now caused you or your loved one a severe injury, then you may be eligible to receive damages for medical costs and loss of income.
We work with residents in the cities of Glendale, Los Angeles, Riverside, Pasadena, and the counties of Tulare and Los Angeles. Call (844) 291-1911 to schedule a confidential consultation with one of our attorneys or fill out a free case review form.