Brentwood Product Liability Attorneys
Unfortunately, when the choice is between cutting costs and risking the safety of consumers, many product manufacturers make the wrong choice. Dangerous and defective products make their way onto store shelves at an astounding rate. From children’s toys to medications, there is no telling what products are safe to use.
Fortunately, you are not without options if you have been injured by a faulty product. With the help of a product liability lawyer from Biren Law Group, you can fight to hold the negligent manufacturer, designer, or seller accountable. We have already recovered more than half a billion dollars for past clients, and we are ready to help you next.
Contact our office today to set up a free, no-risk consultation: (310) 774-0078.
Products Liability: The Basics
Product liability exists to protect consumers from products that pose unreasonable risks of harm. It means manufacturers (or other parties involved in the creation and marketing of products placed on the market) are liable for damages victims suffer as a result of their defective products, including their:
- Medical expenses;
- Pain and suffering;
- Lost income;
- Future damages; and
- Other economic and non-economic losses.
By imposing liability on product manufacturers, distributors, and retailers, product liability compels these parties to take necessary steps which ensure the safety of their products before releasing them to the public. It further ensures they bear the costs suffered by “injured persons who are powerless to protect themselves” when their products cause harm (Greenman v. Yuba Power Products, Inc.).
Given the scope and vast array of consumer products that pose dangers that are not as readily apparent as, say, a Red Ryder air rifle that can “shoot your eye out,” consumers do not typically become aware of dangerous products until they’re notified of recalls by manufacturers or regulatory agencies, or until a product injures them or their loved one.
In some cases, proving that a product is defective can be straightforward, such as in the case of recalled airbags, where the manufacturer and government agencies have recalled them due to well-known dangers. In others, particularly those where products have yet to cause injuries or consumers have not yet been made aware of potential risks or injuries associated with a product, the burden of proving a product is defective – and subsequently that the entity or individual who made or marketed that product is liable – falls onto the Plaintiff.
In California, there are three ways Plaintiffs can pursue compensation for their losses when pursuing product liability claims:
- Strict Liability, which makes manufacturers liable for injuries caused by defective products (including defectively designed, manufactured, or marketed products) used by consumers in a reasonably foreseeable way. Under strict liability, Plaintiffs do not need to prove negligence.
- Negligence, which requires Plaintiffs to prove a Defendant (a person or an entity involved in creating or distributing a product) was negligent in the design, manufacturing, distribution, inspection, repair, or renting of a defective product.
- Breach of Warranty, which are claims in which Plaintiffs allege they suffered harm while using a product that failed to fulfill its intended purpose – whether the purpose was expressly stated or implied.
What Does Product Liability Apply To?
Product liability applies to any and every product, no matter how large or small, and no matter how simple or complex. The law applies to products we use in our everyday life, as well as those used in industrial settings and the creation of other goods or services. Examples include:
- Cars, trucks, and motor vehicles
- Metal forming equipment, such as press brakes and punch presses
- Commercial conveyors and robotic machinery
- Airplanes, helicopters, and aviation devices
- Bicycles, scooters, and hoverboards
- Farm and construction equipment, from bulldozers to excavators
- TVs, electronics, and furniture
- Coffee makers, blenders, and household appliances
These and other products made for the public are subject to product liability laws. This means that when those products cause harm, injured consumers and families may have the right to seek financial compensation for resulting damages by filing civil lawsuits (known as “torts”).
Types of Product Liability Cases We Handle
In most cases, it is not enough to show that the use of a product has resulted in your injury. You must go a step further to prove that the product was defectively designed or manufactured, or that it was inadequately labeled with warnings or instructions.
Just a few products that have been known to be defective include:
- Children’s toys
- Automotive parts
- Industrial machinery
- Medical devices
- Safety equipment
- Tires/seatbelts
- Pharmaceuticals
No matter what type of defective product case you have, Biren Law Group devotes the resources and attention it deserves. We perform meticulous product liability investigations and leverage the insight of relevant experts to build strong claims. Our experience in this area of law allows us to identify when a product is defectively designed, manufactured, or marketed – and our ability to negotiate and litigate helps position clients for the maximum compensation possible.
Comparative Fault in Product Liability Cases
Though victims harmed by defective products have grounds to pursue compensation for their damages, Defendants also have the right to defend themselves. One such defense is claiming that a Plaintiff negligently used, misused, and/or modified a product. In California, if a Plaintiff’s conduct was a substantial factor in causing their accident and injuries, any damages they are awarded can be reduced by the percentage of fault allocated to them by the jury (CACI 1207A). This is known as comparative fault.
Because product cases can have significant implications on a company’s financial future and potential liability for injuries suffered by other consumers who use their products, manufacturers and distributors are often aggressive in their attempts to deny, dispute, and minimize their liability.
At Biren Law Group, our attorneys know injured victims and families rely on full compensation to cover their damages and future needs, and work diligently to refute comparative fault arguments and other defenses brought by corporations that care more about profits than people harmed by their products.
Proven Products Liability Lawyers
At Biren Law Group, our attorneys have extensive experience litigating cases involving product liability. Though our firm focuses exclusively on personal injury law, claims involving defective products are distinctly different from typical personal injury cases in that they can invoke unique theories of liability, require victims to satisfy different elements, and involve a wide variety of accidents and injuries.
Because they also often involve powerful corporate Defendants, defective product cases can be immensely complex and aggressively contested. However, they can be handled effectively with the help of experienced attorneys who understand California products liability laws, how to properly investigate and preserve evidence, and how to help victims prove the essential elements of their cases.
Our Track Record of Success
The product liability attorneys at Biren Law Group have achieved significant recoveries for many clients in product liability cases. Some of our most notable cases include:
- Jane Doe v. Roe Company: our client received a $2.5 million settlement after suffering brain damage when she fell from a defective swing ride.
- Benge v. Mac Machines: a group of battery plant workers recovered $2 million in damages for lead poisoning injuries caused by a defective product.
- Richardson v. Marathon Letourneau: a worker who sustained brain damage in an accident that was caused by defective equipment recovered millions.
- Jalisco Cheese Cases: two children were born with brain injuries after their mothers consumed Jalisco cheese while pregnant. They recovered millions.
We Will Review Your Case for Free
If you or a member of your family has been injured by a dangerous or defective product, we encourage you to discuss your case with a product liability attorney in Brentwood at Biren Law Group today. With more than 40 years of experience and a track record that includes more than half a billion dollars in compensation, we know what it takes to win a complex product liability case.
Contact Biren Law Group to schedule a free consultation. Your recovery could begin today.
