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We all use a variety of products every day. Whether for health, food, transportation, work, or personal care, many of these products can put us in significant danger if they are defective, such as a faulty airbag or a flawed children’s product. These potentially harmful products could cause fires, severe injuries, illnesses, and even death. With the help of experienced product liability lawyers, you could recover compensation for medical expenses, property damage, pain and suffering, and future treatment.
At the Law Office of Raphael B. Hedwat, our Los Angeles product liability attorneys have represented clients throughout the state in claims against manufacturers, retailers, and distributors who put profits ahead of people.
Not every product that breaks or fails with use is defective, and telling the difference can be difficult if you don’t have experience in this area of law. A good rule of thumb is if you were using the product as it was intended, and you sustained a loss or injury that was not related to normal wear and tear or improper use, then you could have a product liability claim.
The Consumer Product Safety Commission offers a list of recalled products, news releases, and safety education materials to keep consumers well-informed about various products that are found to be defective and cause safety hazards. It may not have every faulty or defective product on the site, but it is a good place to start your research.
Consumers should be aware of all the resources available to help them if they are seriously injured or lose someone to a wrongful death due to a defective product. However, such recalls do not replace California’s product liability and safety laws. Such laws are often more expansive than recall lists.
Defective products are classified under three categories, based on how the product is dangerous:
Defectively designed products can be any type of product a consumer purchases or uses, such as poorly designed vehicles, flawed child products, inadequately designed safety equipment, etc. These claims involve products where the design itself is flawed, as is often the case with medical devices or shoddy lithium-ion batteries in e-cigarettes.
A manufacturing defect is an error that occurred when the product was being made and can make the product dangerous for use, such as a faulty airbag or smoke detector. Manufacturing defects differ from design defects in that there is nothing wrong with the product’s design; rather, there is an error in manufacturing that makes the product dangerous to consumers. Using substandard parts to save costs is a common reason manufacturing defects occur.
A product that is not properly labeled or missing important instructions about how to use the product may result in the manufacturer being held liable. Failure to warn the consumer about potential hazards or include recommendations for the correct usage of a product can lead to serious or catastrophic injuries and even wrongful death. This can include failure to warn against foreseeable misuse. These types of claims are why you often see tags stating “do not put in water” on electrical devices.
Generally, the company that manufactured the product can be held liable for an injury caused by a product it made. The company that created the product is in the best position to understand the uses of its product and any potential dangers that could result. Notably, in California, everyone in the chain of distribution is also liable. That includes, for example, the retailer of the product and the distributor. This becomes increasingly important when the product at issue is made overseas.
There are state and federal guidelines that set the standards these companies must follow, and when manufacturers and large industries don’t comply with product safety regulations, they need to be held accountable. The Los Angeles product liability lawyers at the Law Office of Raphael B. Hedwat have years of experience handling these types of complex claims. We have the resources to go up against large manufacturers and companies when they fail to protect consumers from faulty, defective, or inadequate products.
At the Law Office of Raphael B. Hedwat, our Los Angeles product liability attorneys work with product safety experts, engineers, and other professionals who have the qualifications and experience to verify whether the product that caused you harm was defective, and who can testify in court.
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