Product Liability Attorneys in La Mesa

Upon being injured due to a defective product, you can sue for compensation under California state law. Manufacturers are liable to ensure that the products they sell are safe for use. They must include warnings on improper use and inform the customer of possible hazards, depending on the product type. An experienced California product liability lawyer can help if you have been injured by a product.

The attorneys at Garmo & Garmo understand how to take on well-funded adversaries, such as the large product manufacturing companies. We have the skills and knowledge to assist you in proving product liability by these companies and pursue the maximum settlement award through insurer negotiation or in court.

California Product Liability Laws

The two primary legal theories one can base a product liability case upon in California are negligence and strict liability.

A lawsuit based on negligence necessitates the injured party (plaintiff) to show negligence on the part of the defendant in the production or creation of the product in question. For instance, the company may have been careless in its production regulations, training protocols, or safety measures, resulting in a faulty product.

Under strict liability laws, an injured party can sue for damages without having to prove negligence by the manufacturer. For this rule to be applicable, the product must have one of the following three defects, this is possible:

• Inherent design flaws
• Manufacturing errors
• Marketing defects

Strict liability laws aim to protect consumers from products that are hazardous due to defects.

Product Liability Claims in Southern California: Types

Product liability claims arise when a defective or unsafe product causes injury, illness, or financial loss to a consumer. In Southern California, consumers may seek compensation when manufacturers, distributors, suppliers, or retailers place dangerous products into the marketplace. 

Product liability law exists to protect consumers and hold companies accountable when preventable harm occurs. These claims generally fall into three categories: design defects, manufacturing defects, and marketing or advertising defects. Each category relates to a different stage in a product’s development, production, and sale.

Design Defect

A design defect occurs during the product design stage, before manufacturing begins. This type of defect exists because the product was unsafe from the beginning. Even when the product is manufactured exactly as intended, it may still present serious risks because the original design contains flaws.

For example, a company may design a washing machine with a faulty door-locking system. While the machine may otherwise operate as intended, the latch may fail to secure the door during operation. If the door opens unexpectedly and causes injuries or property damage, the defect may be traced to the product’s design.

Design defects often affect every unit in a product line because the flaw exists in the blueprint itself. Common examples include vehicles with rollover risks, toys with choking hazards, or electronic devices that overheat due to poor internal layout.

In design defect claims, the key issue is whether the product could have been made safer through a reasonable alternative design. Courts often examine whether the risks associated with the product outweighed its benefits and whether the manufacturer could have reduced those risks without making the product impractical or excessively expensive.

When a design defect causes injury, the manufacturer may be held responsible for damages such as medical expenses, lost income, rehabilitation costs, and pain and suffering.

Manufacturing Defect

A manufacturing defect occurs during production, assembly, or packaging. Unlike a design defect, the product’s original design may be safe, but mistakes during manufacturing cause certain units to become dangerous.

For example, a company may manufacture thousands of riding lawnmowers based on a safe design. However, an assembly error could cause some units to leave the factory with defective seat mechanisms. During normal use, the seat may detach or eject the operator, leading to serious injuries.

Manufacturing defects usually affect only a limited number of products rather than an entire product line. These defects may result from poor quality control, machinery problems, contaminated materials, or human error during assembly.

Examples include improperly welded vehicle components, cracked medical implants, contaminated food products, or household appliances with loose electrical wiring.

Manufacturers are expected to maintain safe production standards and quality assurance procedures. When defective manufacturing practices allow dangerous products to reach consumers, the company may be held liable for resulting injuries and losses.

Consumers harmed by manufacturing defects may pursue compensation for medical costs, lost wages, future care needs, and other damages related to the injury.

Marketing or Advertising Defect

A marketing or advertising defect involves a failure to provide proper warnings, instructions, or accurate information about a product. A product may be properly designed and manufactured yet still be dangerous if consumers are not given the information needed to use it safely.

A company may be liable if it promotes a product for uses that are unsafe or unsupported. Misleading advertising can encourage consumers to use products in ways that increase the risk of injury.

For example, a chemical cleaner may be advertised as safe for all surfaces even though it reacts dangerously with certain materials. Without proper warnings, consumers may suffer burns, toxic exposure, or other injuries.

A company may also be liable for failing to include adequate warning labels or instructions. Warnings are especially important for products involving chemicals, machinery, electrical systems, pharmaceuticals, and children’s products.

Examples include failing to warn about choking hazards, omitting medication side effects, or failing to instruct users to wear protective equipment while operating power tools.

In many product liability cases, the main issue is not a physical defect but the absence of important safety information. Clear warnings and accurate product instructions help reduce preventable injuries and allow consumers to make informed decisions.

How do I Know if I Have Bought or Used a Faulty Product?

Every product that fails or breaks with usage is not considered defective. If you do not have experience in the field of law, it can be challenging to differentiate. A general guideline is if you were using the product as intended and you sustained injuries unrelated to the routine wear and tear or improper use of the product, then you might have a product liability claim.

The Consumer Product Safety Commission provides a list of recalled products, press releases, and safety education materials to allow consumers to remain educated on various products found to be faulty and create safety hazards.

Lawsuit against a Manufacturer or Distributor

If you have sustained an injury due to a faulty household appliance, children’s toy, consumer good, auto part, medication, or medical device, you aren’t alone. Over the years, countless manufacturers have been sued because of hazardous or defective products hitting stores. You might be entitled to take legal action against the manufacturer or distributor that led to your injuries.

The seasoned product liability attorneys at Garmo & Garmo have years of experience handling such complex claims. We have the resources to take on large manufacturers and companies when they fail to protect customers from defective and unsuitable products.

Common Injuries Related to Consumer Product Accidents

Depending on the product that malfunctioned, injuries can vary significantly in degree and type. The most common injuries related to consumer product accident are as follows:

Injury from Defective Auto Parts (Tires, Airbags, Seatbelts)

If critical auto parts malfunction, it can often cause a severe or fatal injury. Every time you enter a vehicle, you are placing substantial trust in the vehicle’s manufacturer that the vehicle will run properly. When a car part does not function properly, it can be quite scary and even life-threatening.

Home Appliance Burns

Some of the products that are most likely to malfunction are home appliances. Faulty home appliances can cause serious third-degree burns, be it a water heater or a toaster. A product liability attorney can help you understand the liability of the parties involved.

Injury from Faulty Power Tools

At times, the tools we trust to fix and enhance our homes can cause serious physical injury to us or someone we love. This occurrence is often not the fault of the user but rather is an outcome of a product accident.

Sickness

Creating sickness within consumer is another “injury” associated with product malfunction. Children’s toys are a common example of this type of injury, which can sometimes contain such excessive phosphorus or lead levels that it can cause illness. According to product liability law, the manufacturer is primarily responsible for their negligence and defective product.

Legal Help from Competent Defective Product Attorneys

The initial step to securing the compensation you deserve as a victim of a dangerous or faulty product is hiring an experienced product liability lawyer. The statute of limitations applicable to filing a claim can be as short as two years from the incident date.

It is prudent to seek legal representation for your case as soon as possible. The attorneys at the law offices of Garmo & Garmo in La Mesa, CA possess the legal skills along with the technological and financial resources needed to prove your case. For a free, no-obligation case review, call our office today at (619) 441-2500.