Manufacturers, retailers, and other parties are responsible for ensuring the safety of consumer products. If a defective product results in injuries and associated expenses and suffering, a product liability lawyer at BD&J in San Diego can help you secure the compensation you deserve.
Common Injuries Sustained in Product Liability Claims
Defective products can cause a wide range of injuries, some of which have severe or life-altering consequences. The following are common injuries associated with product liability cases.
Burns
Burn injuries in product liability cases often result from overheated electronics, faulty appliances, and flammable materials. In severe cases, victims may require skin grafts and long-term medical care.
Head and Brain Injuries
Defective products can cause serious head and traumatic brain injuries, especially in incidents involving faulty safety equipment. For example, defective helmets or airbags may lead to skull fractures, cognitive impairments and other injuries.
Broken Bones and Soft Tissue Injuries
Many defective products can cause musculoskeletal injuries, such as broken bones and muscle tears. For example, collapsed furniture at home or unsound scaffolding at a construction site may lead to falls.
Organ Damage and Poisoning
Toxic exposure from defective pharmaceuticals, unsafe food, and chemical-based products can result in serious organ damage. For instance, old or contaminated food may cause food poisoning and bacterial infections.
Choking or Suffocation
Defective products can lead to choking, suffocation, or strangulation when they:
- Contain small and detachable parts
- Lack proper safety mechanisms
- Fail to meet regulatory standards
These injuries occur more frequently with children’s products. Common culprits, for example, include children’s toys with loose components or poorly designed cribs, highchairs, and strollers.
Types of Defective Product Cases
Product liability cases can refer to many kinds of products, including:
- Consumer goods
- Vehicles and automotive parts
- Pharmaceuticals and medical devices
- Food and beverage products
- Industrial and workplace equipment
- Safety devices
Across the wide range of products, product claims fall into one or more categories — manufacturing, design, or communication defects. Each type presents specific legal challenges and evidence requirements.
Manufacturing Defects
A manufacturing defect refers to an error in the production process that results in the product’s deviation from the intended design. These defects typically stem from:
- Substandard or incorrect materials
- Human error on assembly lines
- Faulty manufacturing equipment and machinery
- Inadequate quality control
In these cases, defects lie not in the design but rather in how the product is created. Unlike design defects, which affect an entire product line, a manufacturing defect may impact anything from a single unit to an entire production run.
For example, if a vehicle’s brakes are manufactured from substandard or incorrect materials, they may fail under normal use and increase the risk of a crash. Since the brakes weren’t produced according to the intended specifications, collecting evidence for a manufacturing defect claim usually involves analysis of the item’s flaws.
Design Defects
Design defects occur when a product’s design makes it inherently and unreasonably hazardous to consumers, even when used as intended. These defects affect every unit of the product because the issue originates in its designs or plans, not the production process.
Consider design defects in a vehicle. A serious accident may cause almost any vehicle to roll over, but vehicles are generally designed to minimize these risks. In certain cases, aspects of a vehicle’s design, such as an excessively high center of gravity, can make it unreasonably prone to rollover accidents. If the driver operates the vehicle as intended and suffers a rollover accident, the error may stem from its fundamental design.
To demonstrate design defects, courts often use consumer-expectation tests, which determine whether an average user would find the product unreasonably dangerous. They may also apply the risk-utility test to measure whether the benefits of the design outweigh the risks or if a safe alternative design is possible.
Communication/Failure to Warn of Defects
Failure to warn defects, also known as marketing or communication defects, are when the responsible party fails to provide adequate warnings, instructions, or labels about the product’s potential risks. Even if the product is properly designed and manufactured, it can still be dangerous and defective if the consumer isn’t sufficiently informed about its usage and risk factors.
Examples of failure to warn of defects include:
- A medication that doesn’t list potentially harmful side effects
- Cleaning products without instructions for safe handling and use
- Children’s toys without age restrictions or choking hazard warnings
Who Can Be Held Liable in Product Liability Cases?
Product liability claims can involve one or more responsible parties, including:
- Manufacturers: Flaws in design, materials, or safety testing may hold manufacturers responsible.
- Distributors and wholesalers: Entities supplying products to retailers or manufacturers may be held liable if they fail to warn about known dangers or continue selling recalled products.
- Retailers and sellers: Stores that sell unsafe or defective products may be liable for injuries if they fail to remove known defective items from shelves or misrepresent a product’s safety.
- Third-party organizations: Pharmaceuticals, safety equipment, and other products must pass safety testing before consumers can access them. Third-party testing organizations may be responsible for flawed testing or misrepresented safety.
- Government agencies: In rare cases, regulatory failures may lead to injuries and implicate government agencies for failing to enforce standards or approving dangerous products.
What Evidence Is Needed to Prove a Product Liability Claim?
Proving a product liability claim requires strong evidence that the defective product caused harm. The evidence should show the product’s design, manufacturing, or communication was defective. It must also demonstrate the defect directly caused injuries and resulted in economic or noneconomic damages, such as medical expenses, lost wages, or significant emotional distress.
Depending on the specific case, evidence may include:
- The original product
- Proof of purchase and product instructions
- Medical records for treatments and medication
- Expert testimonies from engineers or safety specialists
- Photo and video evidence
- Witness statements
- Recall notices and safety reports
How Long Do You Have to File a Product Liability Claim in California?
California’s statute of limitations for personal injury cases, which indicates your deadline to file a claim, allows 2 years from the date of injury. If you miss the deadline, you might be unable to pursue a case or receive compensation.
In cases where injuries caused by defective products aren’t immediately apparent, the delayed discovery rule may apply and provide more time to file a claim. Cases involving injured minors or fraud on the defendant’s part may also allow for extended deadlines.
How a Personal Injury Attorney Can Help
Working with a San Diego product liability lawyer lets you focus on recovery while they handle complex legal proceedings and advocate for fair compensation on your behalf. Personal injury lawyers can:
- Investigate and prove liability by collecting evidence and consulting experts
- Negotiate with insurance companies for compensation that covers the full extent of your damages
- File a lawsuit and represent you in court
Contact BD&J for Product Liability Legal Support
At BD&J, you can rely on a product liability attorney to protect your rights and help you obtain fair compensation. Contact us today to learn how we can help.
