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Consumers have the right to expect a reasonable level of safety and performance out of any product. 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 many legal categories. With an experienced product defect attorney in California, you have the opportunity to recover the compensation you deserve.
BD&J’s product defect lawyers fight for your right to compensation after an injury.
Key Takeaways
- Product defect accidents occur when a product has been designed, manufactured, or marketed incorrectly with failure to warn
- California’s product liability cases make up about 21% of the nation’s total cases (ABA Journal)
- Common product defect cases often involve automobiles, household appliances, medical equipment, personal care items, and kids’ toys
- Working with the product defect attorneys in California from BD&J can help you recover compensation in the aftermath of an unexpected product defect accident
What Are Product Defect Cases?
As consumers, we expect the products we buy to be designed and manufactured with care and attention. After all, things like appliances, cars, food, and even the toys our children play with enter our homes and become permanent fixtures in our lives for quite some time.
At BD&J we fight for victims’ rights after an unexpected accident, especially if it involves a product they purchased with their hard-earned money. We handle cases involving the following:
- Manufacturing defects
- Design defects
- Lack of warnings/instructions
Manufacturing Defects
A manufacturing defect is established if the product that caused the injury is different from the majority of other products available from the maker through a manufacture error that deviates from its initial design. This also 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 California 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.
Complete our online form or call us to book your free initial consultation with an attorney.
Design Defects
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 burns.
Marketing Defects (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 marketing defect 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 information and warning.
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.
What Are Common Products with Defects?
Some of the most common products named in product liability lawsuits include:
- Cars
- Medications and medical equipment
- Personal care and hygiene products
- Appliances like ovens, water systems, and HVAC systems
- Children’s toys
- Nursery equipment
It can be anxiety-inducing to think the products marketed as safe and functional can have an unknown defect that causes serious injuries to us or our loved ones.
If you or someone in your household was injured by a defective product, call BD&J attorneys at 855-906-3699 to learn about your legal options.
What is a Lemon Vehicle?
A lemon car is a vehicle with a serious manufacturing defect or malfunction that can’t be fixed after numerous attempts, deeming the car unsafe to operate. This defect can ultimately affect the car’s safety, use, or value.
Typical characteristics of a lemon vehicle include:
- A ‘check engine’ light that won’t turn off
- Car operation issues that begin soon after you’ve purchased it
- Issues with brakes, transmission, steering, engine, and electronic systems
- The car has been sent to a repair shop within its first year of your ownership
- Multiple repairs have been attempted under the vehicle’s warranty, but it’s issues still persist
Fortunately, California acknowledges and addresses the rights of lemon car owners under the Song-Beverly Consumer Warranty Act.
How Serious Can Product Liability Injuries Be?
Product liability injuries can be quite serious, especially when dealing with cars, medical devices, and appliances. Some of the injuries that can come from accidents involving defective products include:
- Traumatic brain injuries
- Burns
- Broken bones
- Organ damage
- Soft tissue injuries
- Lacerations
- Disfigurement and other catastrophic injuries
In some cases, especially when dealing with contaminated products or medical equipment, the injuries sustained can lead to death. Manufacturers, designers, and retailers have the duty of care to provide consumers with safe items for use, and the grave injuries sustained from a negligence from these parties should not go unanswered.
How To Navigate a Product Defect Injury
If you’ve just been injured by a defective product, there are a few important steps to take in order to protect your health and claim. These steps are:
- Seek medical attention immediately. – Even if you don’t feel any alarming symptoms at the moment, you’ll want to seek medical attention immediately to get checked for both internal and external injuries.
- Take photos of the injury. – Bruising, burns, lacerations, and other visual injuries should be photographed whenever possible.
- Preserve all medical documentation and treatment plans. – Keep all documents detailing the extent of your injuries and recommended treatment plans to show as evidence in a claim.
- Follow treatments. – It is essential you follow treatment plans after a product defect accident for your health and to avoid minimizing your injuries if you pursue a personal injury claim.
- Talk to a product defect attorney as soon as possible. – When you’ve been injured in an accident involving a flawed or damaged car, appliance, or even toy, you will want to talk to a product defect attorney to learn about holding the right parties accountable.
Widely Known Product Defect Cases
To understand the severity of product defect cases throughout California and the country, consider these infamous product defect cases, some of which are still in process today.
- Johnson & Johnson Talcum Powder Lawsuits – Still ongoing, this multidistrict litigation holds the Johnson & Johnson brand responsible for negligence resulting in deaths and illness attributed to asbestos contamination in their talcum powders.
- Pacemaker recalls – Current pacemaker recalls target design and manufacturing errors which have led to decreased battery life and negative effects on the pacing and operations of these devices.
- Ford Pinto Design Defects Case – While this product defect case took place in the 70s, it is often accredited with highlighting how companies are held liable for distributing products with a defective design, as the Ford Motor Company was legally held responsible for a design in their Ford Pintos with a deadly design defect that caused fuel tank explosions in rear-end collisions.
Current and past product defect cases have altered the perception of liability and often forced big companies to be held legally accountable for their negligence or reckless behaviors.
Complete our online form to connect with a product defect attorney from the BD&J team and learn more about where your case stands.
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.
How Long Do I Have to Present a Product Liability Claim?
You have 2 years from the date of your accident to file a product defect claim for compensation after an injury. Don’t wait to get started on a claim; let a California product liability lawyer start working on your claim as soon as possible.
Who Is Held Liable in Product Defect Lawsuits?
Many parties in the chain of distribution can be held liable for defective or harmful products, including:
- Designers
- Manufacturers
- Distributors
- Importers
- Wholesalers
- Retailers
Product defect lawsuits may affect these parties if they’re found responsible for a product that caused harm, depending on which stage of the manufacturing chain the defect occurred in. For example, a manufacturing factory may be responsible for a harmful product defect due to a production error. Assuming the engineer for this product provided a safe design according to relevant regulations or other standards, they likely wouldn’t be held liable for the product’s defect.
What Compensation Can I Recover from a Product Defect Lawsuit?
Compensation after being hurt by a defective product can include:
Economic Damages
- Current and future medical expenses
- Loss of income while you’re unable to work from injuries
- Reduced future earning capacity
- Property damage
Non-Economic Damages
- Decreased quality of life
- Emotional and mental trauma
- Pain and suffering
- Loss of consortium
Punitive damages may also be awarded to punish extremely negligent or malicious misconduct, as well as prevent the defendant from committing similar violations in the future.
Negligence vs. Strict Liability
Negligence and strict liability lawsuits are both legal paths through which to recover compensation for product defects, but they work in different ways.
Negligence lawsuits allow plaintiffs to seek damages for harm or injury resulting from the reckless or careless actions of the defendant, such as a manufacturer or distributor. The plaintiff must provide evidence that the defendant violated a law or regulation that protects the plaintiff, otherwise known as a breach of duty of care.
These actions must have been a cause that resulted in harm or injury to the plaintiff. For instance, a plaintiff driving a vehicle with a faulty airbag design may seek damages from the automotive company if the airbags didn’t protect them as intended during an accident.
Strict liability doesn’t factor in intent or negligence — defendants are liable for damages in all instances of harm. It typically applies to inherently dangerous or defective products, and the plaintiff generally only needs to prove that the product caused them harm.
Are There Any Laws that Protect Consumers in California?
Absolutely. Laws have been established to protect California consumers in the aftermath of dealing with a defective product, as well as to prevent product liability cases.These laws are:
Song-Beverly Consumer Warranty Act
Also known as the California Lemon Law, the Song-Beverly Consumer Warranty Act protects consumers by requiring all manufacturers of goods to include a warranty for services and repairs as needed for a product. Often used for vehicles, the law places responsibility on companies to replace or refund a product if it cannot be fixed.
CA Civil Code § 1792
This code, which could be viewed as a specific part to the Song-Beverly Consumer Warranty Act, states that every sale of consumer goods at a retailer must be accompanied by the manufacturer’s and retailer’s implied warranty that the products are of a suitable commercial quality to be marketed and sold.
California’s Consumer Legal Remedies Act
This act protects consumers and gives them the right to sue companies due to deceptive practices when selling products, including:
- Passing off goods or services as those of another
- Misrepresenting the source or certification of products
- Representing goods or services to be of a particular standard, grade, or quality when they are not
There are laws in place to protect consumers like you. If you’ve been injured by a deceptively marketed product or a product of poor quality advertised otherwise, BD&J attorneys are here to help.
When Should I Speak with a California Product Liability Attorney?
As soon as you’re ready to pursue justice and compensation. BD&J product defect attorneys in California have represented Californians diligently since our establishment in 2007, and we’re not afraid to go against large companies and their aggressive legal teams.
While you’re recovering from your injuries, our attorneys can help with filing a claim, collecting evidence, interviewing expert witnesses, discovery, negotiations, and communicating with the other party and their legal representation while keeping you updated on your claim.
BD&J product liability lawyers in California will fight for your right to compensation.
Frequently Asked Questions
How Can I Prove a Product is Defective?
Proving a product is defective requires a couple of necessary steps. These include keeping the product and not trying to repair it or throw it away, storing manufacturer instructions and warning labels (or noting the lack of warning labels), documenting any communications you may have had with the retailer or manufacturer regarding the product, and writing down a timeline of events that came with using the defective product and how your injuries came to be.
What if My Loved One Died from Using a Defective Product?
Losing a loved one to severe injuries from a product they assumed was safe to use is overwhelming, and the thought of a complex legal case can just add to the grief and anxiety that accompanies such a heavy loss. Filing a product defect wrongful death claim against the parties responsible for the manufacturing, design, or distribution of the product can allow you to pursue some accountability in the name of your loved one.
What Has to Be Proven in a Product Defect Wrongful Death Claim?
It must be proven use of the defective product directly led to the other person’s death, and that a liable party’s negligence or misconduct led to the defect in the prodct before the ensuing accident.
How Do I Know I’ve Bought a Defective Productive?
A few of the most common signs a product is defective includes cracks or breaks of the product with normal use, poor performance when used as directed, lack of warning labels or instructions, and strange sounds or smells coming from the product (i.e. burning smells from faulty wires or the melted plastic of a product).
Should I Accept the First Settlement Offer Made to Me?
Not all. Most initial settlement offers from insurance companies are typically lowballs that don’t take into consideration factors like Maximum Medical Improvement (MIM), undervalue future expenses, and leave room for negotiation.
It’s always best to consult with an attorney when an insurance company makes you a settlement offer, especially if they’re applying pressure for you to accept the offer.
What is Maximum Medical Improvement (MIM)?
Maximum Medical Improvement is a stage in recovery where the injury has reached a peak in healing, and no further treatment will better it. At this stage, a physician can provide you with an accurate prognosis for future care needs, assign disability, and whether you will be able to work.
Should I Join a Class Action or Individual Lawsuit?
Opting for a class action or individual lawsuit depends on your circumstances. Class action lawsuits are collectives of plaintiffs who have suffered similar damages due to the same product defect, and they can offer advantages such as lower legal costs and strength of evidence. Although they may amount to limited compensation, class action lawsuits typically benefit individuals with relatively small damages.
Individual lawsuits can carry higher legal fees, but they grant plaintiffs greater control and representation. They may benefit individuals with extensive damages or unique cases, but it’s important to partner with an experienced product liability lawyer to maximize the strength of your claim.
How Much Does It Cost to Work with BD&J?
We understand you’re dealing with a number of hefty expenses, which is why the BD&J law firm works on a contingency fee basis. This means we advance all case costs to get your claim going and recover final attorney fees from the compensation amount after your case is settled.
This means upfront costs for you and no fees until we win your case*.
When Should I Book My Consultation with a California Product Defect Attorney at BD&J?
Give us a call at 1-855-906-3699 or complete our online form to connect with our attorneys. Our team is available 24/7 to help you get started on your case.
When Do I Know I Have a Fair Settlement Offer?
Your dedicated product defect attorney will be there to advise you on what a fair settlement offer will look like for your case. A typical fair offer will cover all current and future medical expenses, in-home care if needed, loss of income and potential income, and also compensate you for pain and suffering damages.
Contact Our Trusted Advocates for Guidance
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 California from BD&J today. Our staff can help you assess your claim’s potential and fight tirelessly to win you the highest award possible.
You’ve dealt with a terrifying accident and painful injury, now let BD&J take it from here. Call 855-906-3699 to speak with our team and get help today.
