If you have experienced injury or property damage due to a product defect, call a Los Angeles product liability lawyer at (323) 238-4683 to discuss a legal course of action. The Personal Injury Law Firm of Bisnar Chase has recovered over $850 million for accident victims.
We have represented injured people in Los Angeles since 1978. We will take your defective or dangerous product case on a contingency fee basis. If we don’t win, you don’t pay.
- Almost $1B in settlements and jury verdicts
- 99% success in winning cases
- Serving Los Angeles since 1978
- Seasoned trial lawyers
- 2024 Super Lawyers
- 2024 Litigator of the Year
When you put your faith in a company and product, you trust they are looking out for the health, safety, and best interests of you, your children, and your family. But that is not always the case. The trial lawyers at Bisnar Chase have decades of experience winning complex, dangerous, and defective product lawsuits.
Los Angeles Product Liability Lawyers FAQS
Do I need a Product Liability Attorney?
Product liability law is a legal area that holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public responsible for the injuries those products cause. Here are several reasons why hiring a product liability lawyer can be significant:
- Expertise in Product Liability Law: Product liability law can be complex and varies by jurisdiction. A lawyer with expertise in this area will understand the specific laws and regulations that apply to your case, which could result in a significantly higher payout.
- Determining Liability: A product liability lawyer can help determine who is liable for your product injuries or losses.
- Dealing with Large Corporations: Often, product liability cases involve large companies with significant legal resources. A skilled defective product lawyer can level the playing field and advocate on your behalf.
- Gathering Evidence: An experienced lawyer can help gather and preserve crucial evidence, such as the defective product itself, medical records, and expert testimonies, which are essential for building a solid case.
- Assessing Damages: A lawyer can help accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and any long-term disability or costs.
- Negotiating Settlements: Many product liability lawsuits are settled out of court. A lawyer with experience in this field will have the negotiation skills to ensure that any settlement offer adequately compensates you for your injuries and losses.
- Product Liability Litigation Experience: If your case goes to trial, you’ll need a lawyer who is experienced in litigation and can effectively argue your case in court and in front of a jury.
- Navigating Statutes of Limitations: There are time limits for filing product liability claims. A lawyer can ensure all necessary legal actions are taken within these time frames. In California, the statute of limitations for product defect cases is two years.
- Contingency Fee Basis: Many product liability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This can make legal representation more accessible.
What To Do If A Defective Product Has Injured You
- Seek immediate medical attention
- Document the injuries and damage
- Preserve the product for evidence
- Take photos and video
- Gather receipts and the warranty
- Notify the manufacturer or retailer
- Keep a record of all expenses incurred because of the defective product
- Report the product to the Consumer Product Safety Commission
If you believe you have a product liability case, it’s advisable to consult with a defective product lawyer who can evaluate your situation and advise you on the best course of action.
The Definition of a Product Defect
A product defect is when a product has an imperfection, design flaw, manufacturing defect, or is faulty and poses a risk to owners. Defective products can create hazardous conditions and cause injuries.
A product defect is not always visible and may not become apparent until it has been through multiple uses. Sometimes a product will work as it should prior to its defective recognition, but if a product becomes faulty in an unexpected manner and causes injury, damage or loss, you may be entitled to compensation.
In regards to a personal injury, a product defect would fall under tort law. Product liability attorneys specialize in these types of cases and can litigate and negotiate the best possible settlement from your lawsuit.
Common Product Liability Claim Questions
Who is liable in my product defect case? There are many potentially liable parties in cases involving defective consumer products. In many cases, it is possible to include all parties involved in the product’s chain of production and distribution.
This means that potentially liable parties include the manufacturer as well as the retailer, supplier, wholesaler, and distributor. It is even possible to file a negligence claim against designers, quality control engineers, and consultants if their negligence contributed to your injury.
What are some common product defect cases? Cases that involve product defects include automobile makers, toy manufacturers, food organizations, or electronic manufacturers.
If a defective product causes me harm, how can I get compensation? Understanding how to be prepared in the case of a product defect-related injury is beneficial when it comes to winning a legal case.
Our product liability lawyers in California do not shrink away from a fight, even when we are dealing with the largest automakers in the United States, a giant corporation, or an industry leader. Contact us for free legal advice on your dangerous or defective product claim now.
Types of Product Defects
Over a one-year study period, 35,092 people were killed on United States highways. When manufacturers are aware of a defective part in an automobile, they should recall those vehicles. Once the defect has been determined, manufacturers will notify all registered drivers of the vehicle model immediately. Even if a recall was initiated and a driver was injured due to the defect, they can still sue for compensation.
Vehicle defects have included:
- Airbag failure
- Seatbelt failure
- Rollover tendencies in high-profile and top-heavy vehicles
- Roofcrush defect
- Tire defects
- Seatback failure
- Wiring defects
- Defective door latches
- Brake failure
- Mechanical Defects
Parents trust that buying a toy for their child is fun and, more importantly, safe to use. Guardians and parents are strongly encouraged to read the instructions and warnings regarding toys. Toy companies need to have both to make sure children are safe and that they are legally protected.
Toy defects include:
- Small parts that break off, causing a choking hazard
- Trapping dangers in collapsible products like playpens
- Hazardous chemicals within a product that may leak
- Sharp edges
- Unsafe car seats
Food defects are a daily occurrence, and many either suffer from serious injuries or die. According to Business Insider, “Food-borne diseases annually cause as many as 600 million illnesses and 420,000 deaths worldwide.” If you believe food has poisoned you, avoid eating, stay hydrated, and rest. If you think your food poisoning incident is severe, seek medical attention immediately.
Foods with defects have included:
- Harmful or non-edible fragments in food products
- Contamination and food poisoning
- Mislabeled products
Other types of products that can have defects
- Sports equipment
- Power tools
- Cleaning products
- Food and beverages
- Medical devices
Common Injuries From Dangerous Products
Injuries resulting from defective or dangerous products can vary widely depending on the type of product, its defect, and how it was used. We’ve seen cases ranging from minor burns and poisoning to catastrophic damage like amputations, paralysis, and brain damage.
Physical Injuries: These are the most apparent and common types of product injuries, including cuts, bruises, burns, fractures, sprains, strains, and other bodily harm. For example, a defective power tool might cause lacerations, or a faulty electronic device could lead to electric shock.
Internal Injuries: Defective products can also cause internal injuries, such as organ damage, internal bleeding, or injuries to the nervous system. For instance, a malfunctioning medical device or a contaminated food product might lead to these types of injuries.
Burns: Defective appliances, electronics, or products that involve heat or chemicals can cause burns. These can range from mild first-degree burns to severe third-degree burns, which may require extensive medical treatment and even skin grafts.
Poisoning: Contaminated or improperly labeled food, beverages, drugs, or household products can lead to poisoning. This may result in symptoms ranging from mild discomfort to severe illness or even death.
Allergic Reactions: Some products, especially cosmetics, medications, or personal care items, can cause allergic reactions or skin sensitivities. These reactions can range from mild rashes to severe and life-threatening anaphylactic reactions.
Respiratory Issues: Defective or contaminated products like air purifiers, heaters, or chemicals may lead to respiratory problems, including asthma attacks, bronchitis, or lung damage.
Infections: Defective medical devices or contaminated products can introduce bacteria or pathogens into the body, leading to infections or other health issues.
Psychological Injuries: In some cases, product defects or failures can result in emotional distress, anxiety, or post-traumatic stress disorder (PTSD). For example, a defective car airbag that fails to deploy during an accident could lead to psychological trauma.
Choking or Asphyxiation: Small parts or components of products, especially children’s toys or products, can pose a choking hazard. Additionally, defective safety equipment like car seats or harnesses may fail to protect individuals during accidents.
Death: In the most tragic cases, defective or dangerous products can lead to fatalities.
It’s important to note that the severity of injuries can vary greatly, and some defective product cases may result in minor injuries, while others can lead to life-altering consequences.
If you believe you have suffered an injury or loss due to a defective product, seek medical attention, document your injuries, and consult with a Los Angeles product liability attorney to understand your legal rights and options is essential. Call 323-238-4683 today.
Strict Liability Rules for Defective Products
Companies vigorously fight product liability claims to protect their bottom line and reputation. If they accept your claim without a fight, they are essentially admitting that their product is subpar. This can hurt their sales and stock value. Injuries and property damage can range from mild to catastrophic and should not even take place, but unfortunately, they do.
The following companies have had notorious cases involving dangerous product defects:
- Asbestos Building Materials: Owens Corning, a manufacturer of building materials, was sued for having toxic minerals in products such as insulation for pipes, ceiling tiles, and cold storage systems. The business sold asbestos-containing products between 1950 and 1972, but in the 1970s, it faced numerous lawsuits. Five thousand shipyard workers filed a class action lawsuit for their injuries. Being exposed to asbestos can lead to a person developing various cancers.
- Tobacco Products: Philip Morris is a company that encompasses cigarette brands, including Marlboro, Benson & Hedges, and Virginia Slims, to name a few. The tobacco company was sued based on its failure to warn of the risks that tobacco consumption can lead to lung cancer. One of the first claimants was Betty Bullock, who received $850,000 in compensation for her injuries. The tobacco company had to compensate claimants in an amount measured in the billions.
- Silicone Breast Implants: Several claimants filed lawsuits against the breast implant manufacturer Allergen Inc., claiming that the implants caused them to develop cancer. The company did not warn its consumers of the health risks and has also been ordered to pay for the removal surgery. Health officials in Canada claimed that the rate of breast cancer cases has doubled due to silicone implants.
- E-cigarettes: E-cigarettes are claimed to be a healthier alternative to smoking than tobacco. Little did anyone know, though, that it would be even more harmful than traditional cigarettes. Companies like Juul have come under fire for advertising to teens with alluring flavors. The research found that vapes are reversing efforts to deter young people from smoking. The Centers for Disease Control reported that 57 deaths were associated with vaping or e-cigarettes.
- Baby Powder: Talcum powder, the mineral used primarily in baby powder, was used by many women to prevent their thighs from chaffing. The result led to many people developing ovarian cancer. Talcum powder absorbs moisture and is also used in plastic and ceramics. The first known cases that involved talcum powder date back to the 1930s. Companies such as Johnson & Johnson have been forced to pay billions of dollars for the wrongful deaths and injuries of many women.
Consumer protection laws can minimize dangerous products but are not foolproof and you may need assistance in a court of law. Lawyers that sue companies require specialized knowledge of dangerous products and services.
Product liability lawyers near you may not be necessary, as most can represent you in many states. Instead, look for a defective product lawyer with the case results and experience to handle the case, not just based on location. Seek a seasoned plaintiff’s law firm with proven results representing you or your loved ones.
Drug Injuries and Dangerous Side Effects
In the realm of modern medicine, pharmaceutical drugs play a pivotal role in treating various health conditions. However, these medications’ potentially dangerous side effects cannot be overlooked.
From minor complications like nausea and headaches to more severe reactions such as organ damage or increased risk of chronic diseases, the adverse impacts of certain medications pose significant health risks. Patients and healthcare providers must be vigilant about these risks, especially with long-term drug therapies.
In Los Angeles and beyond, the growing concern over pharmaceutical drug safety has led to an increased demand for legal assistance in cases of drug-induced injuries. Legal professionals who specialize in dangerous drug litigation support those who experience negative medication side effects.
Large Lawsuits Against Pharmaceutical Giants
Pharmaceutical companies are for-profit businesses, not government agencies, and because of that, they often put profit over safety. Many of these corporate giants look at injury lawsuits as nothing more than the cost of doing business, ignoring the harm to consumers.
Severe side effects can cause internal organ damage, skin conditions, cancer, high blood pressure, severe fatigue, and mental health issues. While there are watchdogs in place to limit the potential for injuries, greed is often seen in some of the most egregious cases.
Some of the top lawsuits in the US against defective drugs that cause harm include:
- GlaxoSmithKline: $3 billion. The company was forced to pay US history’s most significant healthcare fraud settlement.
- Pfizer: $2.3 billion. The settlement was a result of the false promotion of several drugs.
- Johnson & Johnson: Involvement in multiple settlements, including a $2.2 billion settlement in 2013.
- Abbott: $38 million judgment.
- Eli Lilly: $1.42 billion.
- Ethicon: In 2024, Ethicon settled more than 7,000 claims for over $4 billion related to injuries caused by DePuy ASR implants.
- Vioxx (Rofecoxib): The painkiller was found to cause a substantial increase in the risk of heart disease, heart attacks, and strokes, leading to one of the most significant drug recalls in US history.
These lawsuits involved allegations of promoting drugs for off-label uses, failure to warn about risks and other forms of negligence, resulting in significant harm and financial penalties. Many injuries were the result of mislabeling and contamination.
Additionally, individual cases against specific drugs, such as Topamax and Elmiron, have also resulted in substantial settlements due to the drugs’ adverse effects.
Product Liability Facts and Statistics
Graph of product liability settlements:
Proving a Product Liability Case in CA.
Companies in California are responsible for the safety and effectiveness of the products they manufacture. Suppose you suffered an injury or other damage from a defective product. In that case, you may be able to file a claim against the manufacturer of that product to recover financial compensation for your injuries and damages.
These types of liability lawsuits are called product liability claims. These types of claims aim to help injured victims obtain fair compensation but also help hold negligent product manufacturers accountable.
Proving that a product is defective is an important part of any product liability lawsuit. There are three ways in which a product can be defective:
- Defective manufacturing: manufacturing defects are when mistakes are made during the making or assembly of the product. In such cases, a limited number of the products may be defective because of errors made during the manufacturing process. Products that are typically involved in this type of defective product liability claim are children’s products and vehicles.
- Design defects and design flaws: Some products are dangerous, no matter how well they are manufactured. These types of cases do not involve a single faulty product but an entire line of products that are inherently dangerous. For example, many SUV models are extremely dangerous because they are designed with a higher center of gravity and narrower track width, which makes them more prone to rollover crashes.
- Defective marketing: This type of claim involves a failure to warn or instruct consumers. Promoting a product to do something it cannot is a form of defective marketing. Failing to inform consumers about the potential consequences of using the product is a form of negligence as well.
If you have suffered serious injuries in Los Angeles, including severe brain injuries please reach out to our personal injury law firm for a free case evaluation. Call 323-238-4683. We have the resources and experience to take on some of the biggest manufacturers, distributors, and vendors in California for damages caused by a dangerous or defective product.
Our Los Angeles product liability lawyers have recovered over $850 million for injury victims, with a winning 99% success rate. We will litigate your case if we sign you, and we will go to trial if necessary to protect your right to fair financial compensation.
What Are the Consequences for Companies That Fail to Recall a Product?
Companies that fail to recall a product can face a range of severe consequences, including:
Legal Consequences: Companies may be liable for injuries, illnesses, or damages caused by their defective products, which can lead to costly lawsuits and settlements.
Criminal Charges: In some cases, failing to recall a product can result in criminal charges, especially if the company knowingly disregarded the safety of consumers or violated specific statutes that carry criminal penalties.
Regulatory Penalties: Failure to report a defective product to the Consumer Product Safety Commission (CPSC) can lead to substantial civil or criminal penalties.
Call and speak to one of our Los Angeles product liability attorneys to see if you have a case that qualifies for compensation. Call 323-238-4683.
Successful California Defective Product Lawsuits
Before deciding whether or not to file a claim, it is helpful to know how much your claim may be worth. In order to do this, you must have a basic understanding of the current and future losses you have suffered as a result of your injuries. Have you missed work? Are there medical bills, hospitalizations fees, or the cost of rehabilitation services that need to be paid or covered? These are economic losses that can be included in your claim.
In cases involving catastrophic injuries, pursuing non-economic damages such as pain and suffering is possible. In some product liability cases, it is even possible to pursue compensation for punitive damages. This is when a company is penalized for its negligence or wrongdoing.
The size of the punitive damages is related to the severity of the company’s wrongdoing. This form of punishment is reserved for cases where a product manufacturer has been particularly reckless.
Some basic elements must be proved for a product liability case to be successful:
- You have suffered an injury or other type of loss.
- The product involved in the case was defective in some way.
- The nature of the defect directly caused your injuries or damages.
- You were using the defective product as intended during the accident.
Let’s discuss your injury from a defective or dangerous product. We can evaluate the damages to see if you are entitled to financial compensation. Contact a Los Angeles product liability lawyer today. Call 323-238-4683 for a free consultation. If we don’t win your case, you won’t pay.
Connect with a Los Angeles Product Liability Lawyer
An experienced Los Angeles product defect attorney understands the intricate details of these types of cases. They are challenging cases that will require experts and a legal team familiar with this practice area.
Winning a Southern California product liability case requires a talented plaintiff attorney in Los Angeles who has a specialty in this field of litigation and is familiar with local courts, judges, and rules. We’ve tried cases for over four decades and may be able to assist you.
For a free consultation on your claim, call now at 323-238-4683. We work on a contingency fee basis, so there is no fee unless we win your defective product claim.