art@thejordanlawgroup.com
888-693-5556

Device Defects & Products Liability

Our Los Angeles Injury Attorneys represent consumers that have been injured by defective devices and defective products.  When a manufacturer or distributor places a product into the commercial stream for consumption by everyday people, that product must meet the ordinary expectations of use by the consumer.  When the product or device fails and causes injury to the consumer, liability can arise, whether found in claims of negligence, fraud, strict liability or breach of implied or express warranties.

Injuries could stem from actual injury to persons, such as injuries from defective medical devices or drugs, or financial injury such as purchasing a defective product, or other injuries such as those injuries associated with consumer fraud. Product liability may arise from a manufacturing defect, a defective design, or a failure to warn. See Rivas v. Safety-Kleen Corp., (2002) 98 Cal. App. 4th 218, 230.

It is a fundamental policy in California to protect consumers from injuries caused by defective products. See Westlye v. Look Sports, Inc., (1993) 22 Cal. App. 4th 1715, 1747 (There is a public policy in this State to protect consumers from injuries caused by defective products.) The rules of products liability focus responsibility for defects, whether negligently or nonnegligenty caused, on the manufacturer of the completed product.  Thus, a plaintiff must prove that a defect caused injury.  See Merrill v. Navegar, Inc., (2001) 26 Cal. 4th 465, 479. Under a negligence theory, a plaintiff must also prove the additional element that the defect in the product was due to negligence of the defendant.  Id. The test here, under California law involves a balancing of the likelihood of harm to be expected from a machine with a given design and the gravity of harm if it happens against the burden of the precaution which would be effective to avoid the harm. Id.

In a strict liability action based on defective design, a product is defective either if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or if the benefits of the challenged design do not outweigh the risk of danger inherent in the latter standard.

Our attorneys have represented individuals that have been injured by defective medical devices and defective products.  If you were injured by a defective product or a medical device defect, contact one of our Los Angeles Injury Attorneys today for a free consultation and case evaluation.