Defective Product Attorneys in Encino

Helping Clients Recover Full Compensation

We all come into contact with many different products and devices every day. Millions of people use medical devices, motor vehicles, child products, construction equipment, tools, toys, medications daily, and many other commercial products. Unfortunately, all products have the potential to fail, which could cause serious or fatal injuries. The expenses related to medical care can escalate quickly, putting more stress on you and your family during a difficult time.

If a defective product has injured you, our team at V&A Law Firm is here to help. We believe all injured clients deserve to recover compensation and get a settlement if they have used defective products. Whether you sustained injuries due to a faulty design, a failure to warn, or misleading marketing, our defective product lawyers are here to assist you. Call today at 818-369-3270 for a free consultation and to learn more about our services.

Product Liability Laws in California

California’s product liability framework offers critical protections for consumers harmed by defective products. Under Civil Code § 1792, an implied warranty of merchantability ensures that goods meet basic standards of quality and safety. When a product fails to uphold this standard, those affected may pursue legal action for damages, citing negligence, strict liability, or breach of warranty.

Manufacturers, distributors, and retailers share the burden of ensuring consumer goods are safe for intended use. If they neglect proper testing, labeling, or assembly procedures, liability can arise when injuries occur. In some cases, multiple parties bear responsibility, reflecting the complexity of modern supply chains.

California’s product liability laws also encompass design defects, manufacturing defects, and inadequate warnings or instructions. Claimants must demonstrate the product was unreasonably dangerous and that this defect directly caused harm.

Strict liability claims often simplify a plaintiff’s burden, as proving negligence is not always necessary. Instead, demonstrating that the product was defective and led to injury can be sufficient. This approach recognizes the inherent power imbalance between consumers and large manufacturing or retail entities. By reducing a plaintiff’s evidentiary hurdles, these statutes encourage safer product design and prompt correction of known issues.

What Kinds of Products Can Cause Injuries?

Many products you and your family use daily come with potential risks. Although some of these items appear safe, some have caused severe or fatal injuries, and the product is eventually recalled.

Below are just some of the products that could cause injuries if they fail:

Construction equipment, including cranes, bulldozers, ladders, scaffolding, and earth movers.
Cars and auto parts, including tire defects, car accidents, and airbag defects.
Child products, like safety seats, toys, and strollers.
Factor and manufacturing equipment, like roller machines, punch presses, conveyor belts, and dye presses.
Tools, like power tools, lawnmowers, nail guns, and safety harnesses.
Household appliances, including washers, dryers, ovens, dishwashers, furnaces, and refrigerators.
Drugs, like prescription medications and over-the-counter drugs.
Medical devices and products, like surgical tools, blood clot filters, pacemakers, and artificial joints.

If you were injured by a defective product, we can help. We will find the liable party or parties and hold them accountable, so you are compensated rather than paying out of pocket for your injuries. Reach out to our defective product lawyers today for assistance.

Identifying Defective Product Injuries

People in Encino can suffer an array of injuries when unsafe or faulty products malfunction or fail to perform as promised. These harms may be immediate or develop over time. When evaluating defective product cases, it is essential to recognize the potential for severe complications or long-term disabilities.

Below are five common injuries linked to dangerous items:

Burns: Mishandled wiring, defective batteries, and overheating devices can lead to painful and disfiguring burns.
Lacerations: Fragile or poorly constructed materials may break, causing deep cuts that can result in scarring or infection.
Fractures: Collapsing chairs, malfunctioning exercise equipment, or defective ladders can lead to bone breaks requiring surgical intervention.
Internal harm: Toxic chemicals or contaminants may cause organ damage, allergic reactions, or respiratory distress.
Neurological trauma: Faulty safety gear or inadequately tested medical devices can lead to brain injuries, nerve damage, or chronic pain.

What Are the Common Types of Product Defects?

Under product liability law, manufacturers or distributors are held responsible for any defective product that causes injuries or death. Strict liability laws state that the manufacturing defect will be the manufacturer’s fault, even if it was not a case of negligence. In most cases, strict liability laws apply to three main types of defects.

The common types of product defects include:

Manufacturing Defects

A manufacturing defect occurs when there are issues or errors during the assembly or manufacturing of an item. This could be a product that was improperly put together or missing essential components.

Design Defects

A design defect is a mistake in the item’s design, making it dangerous or unsafe to use. A design defect will often apply if the injuries caused could have been prevented with further testing or design updates.

Marketing Defects

Products are required to adequately warn consumers of any risks posed. A marketing defect occurs when a product does not have proper instructions or warnings to protect consumers. This can also apply if there are warning defects or incorrect information within the warnings attached to the product.

If your defective product falls under one of these claims, then you are likely to have a strong product liability claim against the manufacturer. However, you may still have a case even if your claim does not fall under these scenarios. Our team may be able to sue the manufacturer or distributor on the grounds of neglect or breach of warranty instead.

Evidence Necessary for Defective Product Claims

Defective product lawsuits in Encino demand robust evidence to illustrate the product’s defect and its role in causing injury.

Key types of evidence that strengthen a product liability claim include:

Preserved product: The defective item should be kept in the state it was at the time of the incident. Altering or disposing of the product could destroy critical evidence. Its condition may help experts and attorneys determine whether a flaw existed and how it caused harm.
Photographic documentation: High-quality photos or videos taken immediately after the incident can reveal how the product malfunctioned. Images capturing broken parts, burn marks, leaking fluids, or improper labeling often play a key role in showing design flaws or manufacturing issues.
Expert analysis: In cases involving complex products—like medical implants, household electronics, or mechanical tools—technical specialists can conduct failure analyses. Their findings help explain how the product was defective and whether it violated safety standards or deviated from proper design specifications.
Medical records: Comprehensive documentation from physicians, therapists, and hospitals provides a clear link between the injury and the defective product. Notes on symptoms, diagnoses, procedures, and recovery timelines can show that the harm was consistent with the nature of the product failure.
Purchase and ownership documents: Proof of purchase, such as receipts or order confirmations, establishes that the injured party owned the item and used it as intended. Warranty documents, recall notices, or prior repair records may also show that the product was already known to be faulty or previously flagged by regulators.

Responsibilities of Manufacturers and Retailers

In California, several parties along the supply chain can bear liability for a defective product. Manufacturers are at the heart of this process, expected to adhere to rigorous design standards and thoroughly test items before distribution. If a flaw originates in their production line or from shoddy craftsmanship, they can be held accountable.

Distributors and wholesalers also hold responsibilities, ensuring that goods remain intact and safe during transport and storage. If their handling methods cause damage, they share fault for ensuing injuries. Retailers, both brick-and-mortar and online, must confirm the products they sell are not inherently dangerous, labeled incorrectly, or in violation of safety regulations. This responsibility persists even if they did not directly design or assemble the item. Failing to remove a recalled product or continuing to stock items with known flaws can expose retailers to legal consequences.

In certain scenarios, multiple entities may share liability if the product’s journey from factory to consumer involves negligence at multiple stages. Understanding these overlapping duties is crucial for injured parties seeking compensation, as they may need to file claims against more than one defendant to obtain a fair settlement.

Establishing a Link Between Injury and Defect

Proving that a defect caused harm remains a cornerstone of product liability cases in Encino. Plaintiffs must demonstrate a direct chain of causation, showing that the product’s unsafe feature or malfunction led to the injury rather than any separate event. This process often involves scrutinizing the item’s condition before and after the accident, cross-referencing it with user instructions, or analyzing how the alleged defect could produce the type of injury sustained.

For instance, if a ladder collapsed due to defective hinges, the plaintiff must show that those hinges were indeed faulty when purchased and that their failure triggered the fall. The defense may argue contributory negligence if a consumer misused the product, exceeded weight limits, or failed to heed written warnings. Medical records linking the nature of the injury to the alleged product defect also strengthen these claims. Expert testimony is often vital in complicated cases involving pharmaceuticals or medical devices. These experts can explain how the defective design of a knee implant, for example, caused structural failure, leading to excruciating pain, additional surgeries, or mobility issues.

Documenting each step of the product’s usage, from how it was assembled or ingested to the moment of malfunction, is necessary to establish liability. Thorough investigations are necessary to rule out other factors or potential user error, focusing blame on the inherent defect.

Is There a Statute of Limitations for Defective Product Cases?

In California, the statute of limitations for personal injury cases is two years from the date of the injuries. Unfortunately, if it has been more than two years since the defective products injured you, you cannot submit any product liability claims. In some cases, you may be able to submit a claim for two years from the date you discovered the injuries caused if that differs from the date of the accident.

Judges will occasionally waive the statute of limitations for personal injury cases, but this rule has very limited exceptions. If it has been longer than two years since your injuries happened, call us for a free case consultation to learn your legal options.

Class Actions and Defective Products

When numerous consumers face comparable injuries from the same defective product, a class action can streamline the legal process. This approach aggregates individual claims into a single lawsuit, which helps manage cases with a high volume of plaintiffs. By consolidating lawsuits, courts reduce the overall burden on the judicial system and ensure consistent rulings on similar issues.

Class actions also facilitate access to justice for consumers who might lack the resources to pursue expensive litigation independently. In product liability, class actions often arise when a manufacturing defect affects entire production runs. Automobiles with defective airbags, for example, can spawn class actions involving thousands of claimants who have experienced identical failures. Similarly, pharmaceuticals with undisclosed side effects can lead to class-wide litigation.

Attorneys representing the plaintiffs in a class action lawsuit will gather all relevant evidence, depositions, and discovery materials. Once a class is certified, potential members must be notified and allowed to join or opt out. Suppose the class ultimately wins or negotiates a settlement. In that case, compensation is distributed according to standardized formulas that account for the extent of each member’s injuries. However, certain consumers with more severe damage may choose to opt out and file individual claims to seek more significant compensation.

Handling Recalls and Safety Notices

Manufacturers sometimes discover defects only after distribution, prompting safety notices or recalls. These may be voluntary actions or mandated by regulatory bodies such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA). Once a recall is issued, companies must inform retailers, distributors, and, in some cases, end users. They may offer to replace, repair, or refund the defective product.

Recall notices and timing can be crucial in liability cases, highlighting when a company first acknowledged a defect. If a plaintiff’s injury predates the recall, it may suggest that the manufacturer should have acted sooner.

Alternatively, if the injury occurred after the recall announcement, the defense might argue that the user ignored or neglected the warning. Detailed records of how the recall was communicated can reveal whether the company took adequate steps to reach all owners. Recalls do not absolve companies of liability, but prompt and thorough announcements typically reduce ongoing harm. Additionally, recall documents can provide valuable evidence, showing that the manufacturer recognized a design flaw or quality control failure. In some instances, plaintiffs’ counsel obtains internal emails or memos indicating that corporate officials knew of safety problems long before issuing a recall.

What Kind of Compensation Can I Receive?

Every product liability claim is different, meaning your compensation may vary. However, even in complex cases, there are some items that an injured party can recover in damages.

You may be able to receive compensation for the following:

Medical expenses
Lost wages
Lost income
Future lost wages
Property damage
Wrongful death of a loved one

Generally, any costs you accrued as a direct result of the defective product can be claimed in a lawsuit. If your loved one died due to defective products, you could submit a product liability claim on their behalf. You may be able to seek compensation for things like loss of companionship and loss of potential income.

Economic vs. Non-Economic Losses

Compensation for defective product claims can encompass both tangible and intangible harms. Economic losses frequently include hospital bills, surgical costs, rehabilitation expenses, and lost wages if the individual’s injuries prevent them from working. Future earning capacity might also be part of damages if the injury causes permanent disability or forces a career change.

Non-economic losses encompass the pain, suffering, and emotional trauma experienced as a result of the harm. Plaintiffs may also seek damages for reduced enjoyment of life activities if the injury causes persistent discomfort or severely restricts mobility. Determining the exact value of non-economic losses often involves subjective assessments of how the injury affects daily routines or mental well-being.

Evidence supporting these claims may include psychological evaluations, testimony from family and friends about changes in the plaintiff’s behavior, and personal diaries tracking pain levels and emotional states. California law does not apply statutory caps on most non-economic damages in product liability cases. However, some exceptions might exist in certain types of medical malpractice suits. The overall goal is to reflect the total extent of the individual’s financial and psychological burdens, ensuring a fair outcome that addresses both immediate and long-term repercussions.

FAQ

What should I do if I am injured by a recalled product?

Anyone hurt by a recalled product should seek immediate medical attention and retain the item if it is safe to do so. Document the incident using photos and written notes and look up official recall notices to confirm whether the manufacturer acknowledged the specific defect. Consulting a product liability lawyer in Encino can help determine if you qualify for compensation, particularly if your injuries arose before the recall was effectively communicated.

Are product liability cases difficult to prove?

Some cases do require extensive investigation or expert analysis, especially if a product’s design or composition is highly technical. However, California law allows strict liability claims that do not always demand proof of negligence. Plaintiffs generally must show the product was defective, they were using it in a foreseeable manner, and the defect led to their injury. Strong evidence, such as test reports or eyewitness accounts, can clarify these issues.

Can retailers be liable for defective products?

Yes. Retailers share responsibility for the goods they sell under certain circumstances, even if they did not directly design or manufacture the item. Failing to remove products with known defects or ignoring recalls can expose retailers to liability. When a defect arises from improper handling or storage, the retailer may likewise bear partial fault. Courts often examine the retailer’s role in the distribution chain to assess any contributory negligence.

How important is the product’s safety history?

A documented pattern of consumer complaints or prior incidents strongly supports a claim. If evidence shows the manufacturer or seller knew about repeated failures yet continued selling the product, it demonstrates a disregard for user safety. Regulatory findings, recall announcements, and internal corporate documents often provide insight into whether the entity was aware of significant risks. Presenting a history of similar accidents can establish a clear warning that the product was inherently unsafe.

Can a claim be filed if warnings were provided?

Yes. Simply placing warnings on packaging or instruction manuals does not necessarily eliminate liability. If a warning is vague, incomplete, or fails to address a known hazard, the manufacturer or seller can still be responsible. Courts may evaluate the adequacy of the notice and whether it truly alerted consumers to potential dangers. Additionally, if a design or manufacturing defect renders a product unsafe beyond any warnings, liability persists.

Do I Need to Hire a Lawyer?

A dangerous or defective product has the potential to cause serious injuries that can impact you for life. Under product liability laws, manufacturers and distributors are required to include adequate warnings and safety education materials to ensure consumers do not get hurt by their products. If you have been injured, you deserve to recover compensation for any damages you have accrued.

Our team at V&A Law Firm has experienced product liability lawyers who are here to assist you with product liability claims. If you would like more information or have questions, please call us today at 818-369-3270 for a free consultation.