Products Liability Lawyer in Los Angeles

Consumer goods are products bought for consumption by the average consumer. The United States has a Consumer Product Safety Commission which seeks to protect the public against  “unreasonable risks” of injury associated with consumer products. This agency administers and enforces a number of laws including the Consumer Product Safety Act. However, even with this agency and federal regulations in place, there is not enough protection to always ensure of the safety of every product that reach the average consumer’s hands. Each year, thousands of unsuspecting consumers suffer serious injuries, illness, and wrongful death caused by these defective products. The Los Angeles Products Liability Lawyers at MKS Law Group can assist you in recovering compensation for your injuries caused by such dangerous and defective products.  

Types of Dangerous Product Defects 

A defective product can put consumers in significant danger and can cause them traumatic consequences. Defective products can cause spinal cord injury, brain injury, amputations, burns, wrongful death, and more. If a victim experiences a severe injury due to a defective product, they are entitled to file a product liability claim. 

A product liability claim is classified under one of three categories: 

Defective Design 

A product may be manufactured correctly, but when there is something in the way that the product is designed that causes dangers to consumers, then there is a basis for products liability. A well-manufactured product can be defective if the design is flawed, especially when the possible benefits of the product are outweighed by the risk of danger of using it.  

Some Design Defect examples include: 

• Mechanical defects in motor vehicles; 
• Products that are prone to melting or flammable, especially when heat is essential to the purpose of the function of the product like an electric blanket; 
• Products that are intended for children’s use but are dangerous for them, such as toys that are choking hazards; 
• Structurally unstable products;  

• Poorly designed mechanisms that contain dangerous and toxic substances;  
• Prescription drugs, medical devices such as implants and surgical meshes, etc. 

Defective Marketing 

If a product does not contain an adequate warning about the risk of using a product or provide instructions to safely use the product then there may be a marketing defect.  

Common examples of marketing defects are: 

• Failure to warn – Products that may be hazardous must include a proper warning label that inform customers of the dangers of using it such as medication side effects or use of medical devices 

• Misleading advertisements – If advertisements do not accurately reflect the product’s potential dangers, a company can be held liable for damages the product causes 
• Failure to provide proper instructions – Items can be hazardous if consumers are not provided complete information on how to use the product. If the product is used incorrectly consumers can be severely injured. 

Manufacturing Defect 

A claim of defective manufacturing involves a product that is properly designed but there is a flaw in an individual or set of products caused during the manufacturing process. This can cause the product to be dangerous and unsafe for the intended use to consumers.  

Some examples of manufacturing defect are: 

• A batch of cough syrup with dangerous shavings from the factory; 

• A motor vehicle built without brake pads; 
• A product with wires and circuitry improperly installed; 
• Excess plastic improperly trimmed from a manufacturing mold; 
• Improperly attached product parts; 
• Installing outdated or improper components; 

• Using the wrong type of fasteners, bolts, or screws on a product; etc. 

Who should be held liable for an injury caused by a product defect? 

In California, product liability cases are evaluated with a strict liability rule that holds any entity involved with the creation, distribution, or sale of a consumer product responsible if the product was defective and caused your injuries.  

Potential parties that can be found liable for injuries caused by a dangerous product are: 

• Manufacturer 
• Supplier 
• Distributor 
• Testing laboratory 

• Retailer 
• Hospital or doctor  

Proving the Product was Defective 

The Consumer Expectation Test can help assess a products liability claim by asking: 

1. Was the product used as it was intended, or was it misused in a common way? 
2. Is the product unreasonably dangerous or defective? 
3. Did the product cause the victim’s injuries? 

Contact MKS Law Group If you were Injured from a Defective and Dangerous Product 

If you or your loved one has suffered from injuries caused by a defective and dangerous product, you can potentially have a legal cause of action against those responsible for those injuries. The Los Angeles personal injury attorneys at MKS Law Group can help you. Our firm has experience pursuing personal injury claims on behalf of injured victims. We will fight to protect your rights and we will do everything in our power to fight for your right to compensation. Compensation can cover medical expenses, lost wages, and pain and suffering. Call our law firm today at (310) 904-9222 for a free consultation.